Condo Unit Owner Gets Abatement for Terrace Closure

Condominium unit owner sued landlord condo building owner to recover $4,755 for loss of the use of his unit's outdoor terrace. This resulted from landlord's renovation of the building exterior required by Local Law 11. So far the terrace had been unusable for seven months, and unit owner anticipated this would continue for at least another seven months. The court ruled for unit owner, finding a breach of the warranty of habitability under the building's bylaws and offering plan, which contained no provision limiting an abatement under these circumstances. Unit owner paid for a benefit guaranteed by the declaration and bylaws, but wasn't receiving it. He was entitled to recover a full abatement covering the fair value of the terrace for the seven months up to the trial date. The court didn't award anything for future periods since they were as yet speculative.

Lincoln v. Residences at Worldwide Plaza: 2018 NY Slip Op 51892(U), NYLJ No. 1545814091 (Civ. Ct. NY; 12/17/18; Ramseur, J)