Apartment Shareholder Proves Breach of Warranty of Habitability by Landlord Co-op

Tenant, a proprietary lessee and shareholder in a cooperative building, sued landlord for a breach of the warranty of habitability. Tenant claimed that a ruptured pipe in the wall of her apartment caused water damage to the ceiling and kitchen cabinets. She also claimed that landlord co-op corporation hadn't done repairs and replacements properly. The court ruled for tenant and awarded her $11,000. Landlord made repairs and received insurance proceeds. Landlord breached the warranty of habitability by failing to make the repairs in a good and workmanlike manner.

Lewis v. Rye Castle Apartment Owners Cooperative: NYLJ, 6/13/07, p. 23, col. 3 (City Ct. Westchester; Alfano, J)