Appellate Division, First Department · October 29, 2026 · 2026 NY Slip Op 06396
Topilin v Island House Tenant Corp.
Read the official decision: 2026 NY Slip Op 06396
Holding The court reinstated the plaintiff’s claim for breach of the warranty of habitability, holding that a tenant’s failure to procure required insurance does not waive statutory rights under Real Property Law § 235-b. However, the court affirmed the dismissal of the plaintiff’s claims for breach of the proprietary lease and against the lender, finding the lease terms and loan documents governed those disputes.
The court’s words
Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.
2026 NY Slip Op 06396, at the official text
plaintiff's recovery must be limited to damages incurred within the six years prior to commencement of the action
2026 NY Slip Op 06396, at the official text
UNFCU was permitted but not obligated to take the steps it deemed necessary to preserve its collateral interest in the apartment's shares
2026 NY Slip Op 06396, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06396 |
| Area of law | Real Property |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06396 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1666 |
Recommended citation
ESQ HQ, New York Law Watch, Topilin v Island House Tenant Corp., 2026 NY Slip Op 06396 (Appellate Division, First Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06396/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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