Co-op Responsible for Failing to Restore Tenant's Terrace After Storm

October 21, 2016

LVT Number: #27254

Cooperative shareholder tenant sued landlord cooperative corporation, claiming breach of lease and breach of implied warranty of habitability. In 2007, a storm damaged the terrace that tenant shared with next-door tenant. An engineer’s inspection then found the terrace unsafe and landlord placed it off limits. The terrace was reopened briefly in 2009 but then closed so that landlord could conduct major renovations on upper building floors.

Cooperative shareholder tenant sued landlord cooperative corporation, claiming breach of lease and breach of implied warranty of habitability. In 2007, a storm damaged the terrace that tenant shared with next-door tenant. An engineer’s inspection then found the terrace unsafe and landlord placed it off limits. The terrace was reopened briefly in 2009 but then closed so that landlord could conduct major renovations on upper building floors. Landlord then advised tenant that the terrace must remained closed possibly into 2012 so that building facade work required by local law could be performed. The court dismissed the case.

Tenant appealed and won. Water damage and subsequent closure of the terrace rendered it unfit for uses reasonably intended. So tenant was entitled to recover damages for breach of warranty of habitability for all periods of time that the terrace was closed. Tenant also was entitled to judgment for breach of lease for the period from June 2007 until the spring of 2009.

 
Goldhirsch v. St. George Tower: 2016 NY Slip Op 06060, 2016 WL 5107980 (App. Div. 2 Dept.; 9/21/16; Leventhal, JP, Miller, Duffy, Connolly, JJ)

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