In his weekly Realty Law Digest column (subscription required), Scott Mollen analyzes two notable cases. In Heights Properties 1388 v. Make Realty, a matter in which the plaintiff purchaser entered into a contract for the sale of three real estate properties, the court dismissed the plaintiff's claim of breach of sales contract, right of first refusal agreement and specific performance. In New York City Housing Authority Managed by Coney Island Houses v. Feliciano, a nonpayment proceeding, the court held that the tenant was entitled to a 100 percent rent abatement, stating that there was a breach of the warranty of habitability because the apartment had been damaged by Hurricane Sandy.
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