Practice point: In the absence of
fraud or a covenant, a commercial lessor does not represent that the
premises are tenantable and may be used for the purpose for which they are
apparently intended.
Student note: The implied warranty of habitability applies only to
residential lease space, pursuant to Real Property Law §
235-b.
Case: Disunno v. WRH Props., LLC, NY
Slip Op 05719 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Rear-end collisions.
