Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)

Citation
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Parent Document
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Jurisdiction
New York (state)
Effective Date
2022-06-14

Other Sections in This Document (20)

Full Text

642 chars
As to the claim for breach of the warranty of habitability, the allegations concerning the noise do not establish that the noise was so excessive that it deprived plaintiffs of the essential functions of a residence (see Kaniklidis v 235 Lincoln Place Hous. Corp., 305 AD2d 546, 547 [2d Dept 2003]). However, the allegations concerning the Co-op defendants' refusal to repair the structural cracks in the ceiling and walls state a claim for breach of the warranty, since structural cracks could give rise to a hazardous condition of the building (see Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 327-328 [1979], cert denied 444 US 992 [1979]).