ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, First Department
DecidedOctober 29, 2026
Citation2026 NY Slip Op 06396
Area of lawReal Property
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06396
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1666

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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Published October 29, 2026. Updated October 29, 2026.