2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

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384-385 (1st Dept 1993); Suarez v Rivercross Tenants' Corp., 107 Misc 2d 135
(Appellate Term, 1st Dept 1981). It is the proprietary lease which creates a landlord-tenant
relationship between the shareholder and the cooperative corporation. Richard Siegler,
Cooperatives and Condominiums, The Warranty of Habitability, NYLJ, Jan. 5, 1994 at 3,
col 2. [*24]Furthermore, it is the landlord-tenant relationship
which gives rise to the warranty of habitability. Frisch v Bellmarc Mgt., 190 AD2d at
388-389. Significantly, unless the lessee has personally resided in the apartment, he cannot avail
himself of the warranty of habitability. Id. at 390; Halkedis v Two E. End Ave. Apt.
Corp., 161 AD2d 281, 282 (1st Dept 1990).

The breach of warranty of habitability cause of action was previously dismissed in the 2015
action because Blumenfeld never lived in the apartment and there were no prior demands to fix
those alleged conditions which were claimed to be detrimental to human habitation. The
amended 2017 complaint attempts to rectify those deficiencies, alleging that, in 2017, Dogwood
LLC made specified demands on Stable and the Board to remedy those conditions (amended
2017 complaint, ¶¶ 72, 199), including a leaky roof, which was "likely" caused by a
warped structural roof support beam, and "widespread," mold due to the leaks, but that the Board
and Stable "essentially" refused to make repairs, claiming that they were Dogwood LLC's
responsibility, but did agree to install a new roof membrane. Amended 2017 complaint,
¶¶ 69, 77-78, 81, 187-191, 192, 195. It is further alleged that the Apartment's private
elevator had, over the years, been issued various violations and had been inoperable, requiring