(5/16 1421:14). The scope of the work was, "for the most part," [*6]the same as the first Allcon proposal (5/16
1421:3-6).
Plaintiff ceased all maintenance payments in August 2007, with the exception of
three maintenance payments in October and November 2016 and June 2017 (5/7
Tr 908:13-909:23; Defs Exh 20 at 17). Plaintiff seeks a full abatement from
the time that she ceased payments, August 2007 to December 2017 (5/7
910:4-911-15). Since the work was completed, Plaintiff listed the Apartment for sale on
September 5, 2017 (5/7 915:23-919:10).
DISCUSSION
A cooperative is a stock corporation formed pursuant to the Business Corporation
Law (Chem. Bank v 635 Park Ave. Corp., 155 Misc 2d 433, 435 [Sup Ct NY
County 1992]). The corporation is the owner or long term lessee of the building and
related property (id.). Owners of shares in the corporation, through a proprietary
lease which defines the relationship between the corporation and the shareholder-tenant,
receive the right to occupy space in the premises to which their shares are allocated
(id.). The relationship between a shareholder-tenant and the cooperative is akin to
that of landlord and tenant (111 Tenants Corp. v Stromberg, 168 Misc 2d 1014,
1017-18 [Civ Ct NY County 1996]). The nature of the tenancy is a leasehold coupled
with forfeiture provisions, usually in the nature of a right of re-entry by the cooperative
corporation (Susskind v 1136 Tenants Corp., 43 Misc 2d 588, 590 [Civ Ct NY
County 1964]).
I. Plaintiff's Claims
A. Breach of the warranty of habitability (Plaintiff's second cause of
action)
1. The condition of the Apartment
In every lease for residential property, the warranty of habitability implies a covenant
that the premises rented and all common areas are fit for human habitation and for the