Can a landlord be held liable for failing to notify a tenant of a breach of the warranty of habitability?

"New York", United States of America

The following excerpt is from Wallace 18 LLC v. Tucker, 120 N.Y.S.3d 716 (Table), 66 Misc.3d 1209 (A) (N.Y. Civ. Ct. 2020):

To establish liability, a tenant must show that the landlord had actual or constructive notice of the breach of the warranty of habitability. Nachajski v. Siwiec (31 Misc 3d 150[A], 934 NYS2d 35 [App Term 2nd Dep't 2011] )(affirming lower court's determination after trial that tenant had failed to establish her defense of breach of the warranty of habitability because, among other things, she had failed to notify landlords of the alleged conditions needing repair).

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