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Full-Text Articles in Law
Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate
Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate
Fordham Urban Law Journal
The New York State legislature codified the implied warranty of habitability for residential leases in Real Property Law section 235-b, but failed to specify remedies for breach. This Note examines the development of the implied warranty of habitability as a basis for expanding a landlord's liability for failure to provide habitable premises and discusses problems relating to recovery for breach which have arisen in New York courts. It argues that recovery should be limited to tenants and intended third party occupants. In addition, punitive damages should not be awarded under a strict liability theory unless malice is established. The added …
The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon
The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon
Fordham Urban Law Journal
Growing recognition of the economic benefits that historic preservation can bring to a community, coupled with a more traditional belief in preservation for its own sake, has focused the attention of federal, state and local government officials on the need for historic preservation statutes. This article explores the legal means available to protect historic resources in New York. Section II discussed steps taken by the federal government, primarily in the National Historic Preservation Act of 1966, to protect historic resources from adverse impacts resulting from federal actions. Section III analyzes the New York State Historic Preservation Act of 1980, and …