New York Court of Appeals

Sheldon H. Solow, Doing Business as Solovieff Gallery Company, Respondent v. Karl G. Wellner, Appellants

October 31, 199586 N.Y.2d 582

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the implied warranty of habitability under Real Property Law § 235-b sets a minimum objective standard concerning essential residential functions and does not incorporate lease‑specific expectations. It also held that the appellate courts could not review the tenants' attorneys' fees and prejudgment interest claims before the remand was completed.