Plaintiff asserted eight causes of action: (1) injunctive and declaratory relief directing
Defendants to make the Apartment habitable; (2) breach of warranty of habitability; (3)
breach of quiet enjoyment; (4) actual and/or constructive eviction; (5) diminution of
value of Plaintiff's shares in the cooperative; (6) disparate treatment of Plaintiff in
relation to other cooperative shareholders; (7) negligence; and (8) attorneys' fees and
costs. In sum and substance, Plaintiff sought a full abatement from August 2007, when
she stopped paying maintenance fees, to the present, as well as additional damages. The
Cooperative counterclaimed for: (1) a permanent injunction enjoining Plaintiff from
denying access to the Apartment; (2) unpaid maintenance, assessment, and utilities; and
(3) attorneys' fees.[FN2]
On September 17, 2013, the Honorable Lynn R. Kotler issued a decision and order
dismissing all of Plaintiff's claims except the second, third, and fifth causes of action
against the Cooperative for breach of warranty of habitability, breach of quiet enjoyment,
and diminution of value, the seventh cause of action for negligence against the Board,
and the eighth cause of [*2]action for fees and costs
against both Defendants. Judge Kotler also dismissed Defendants' first claim for
injunctive relief, finding that Civil Court lacked the appropriate jurisdiction.
This Court conducted a trial between April 18 and May 18, 2018, [FN3]
during which the following witnesses testified: Plaintiff for her own case, and for
Defendants Board President Gregory Angrist, Managing Agent Douglas Elliman's
representative/agent James Flaherty, resident manager/superintendent Martin Dowd, and
former defense counsel Ingrid Manevitz. During trial, on May 8, 2018, this Court