
    Ocean Rock Associates, Appellant, v Alfred Cruz et al., Respondents.
    Argued November 14, 1980;
    decided November 25, 1980
    
      APPEARANCES OF COUNSEL
    
      Stanley L. Shapiro for appellant.
    
      Robert K. Drinan, John C. Schaeffer, Jr., Michael J. Obus and Rocky Piaggione for respondents.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the majority at the Appellate Division that there was sufficient evidence to sustain the trial court’s determination that appellant landlord breached the implied warranty of habitability and that in view of the breach being substantial, the abatement of rent was proper (cf. Park West Mgt. Corp. v Mitchell, 47 NY2d 316, 329).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.  