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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repairs, which Dogwood LLC made, but for which Stable refused to reimburse Dogwood LLC,
and that, because of its advanced age, the elevator will continue to need repairs. It is also alleged
that Dogwood LLC bargained for, but did not get, a unit that was fit for habitation, and that, on
"information and belief," the foregoing conditions have rendered the Apartment "uninhabitable,
in whole or in part." Id., ¶ 200.

In an apparent attempt to address the fact that nobody had moved into the Apartment, it is
now alleged that, in about November 2016, Blumenfeld's adult son, Lucas, despite the various
alleged hazardous and detrimental conditions, which rendered the Apartment unfit for human
habitation, moved into the Apartment because he worked in the City and wanted a short
commute, and vacated it in July 2017.[FN12]
Id., ¶¶ 67, 83. It is further alleged that, after he vacated the Apartment, his
brother Max moved in and continues to live there. Id. ¶ 83. Dogwood LLC seeks,
under this cause of action, a complete abatement of the monthly maintenance and monetary
damages.

Although the proprietary lease denominates Dogwood LLC as the proprietary lessee, it is not
an individual and thus cannot occupy the Apartment within the intendment of the proprietary
lease, which contemplates that the building's lessees would be individuals, and that the lessee,
together with any family members, would be occupying their respective units for residential
purposes. Cf. Lenox Hill Hosp. v 305/72 Owners Corp., 90 AD3d at 471. Because
Dogwood LLC cannot occupy the Apartment and, thus, never attempted to live in it, it has no
breach of warranty of habitability claim against Stable. Cf. Halkedis v Two E. End Ave. Apt.