Estate Executor Can Assert Warranty of Habitability Claim

December 1, 2009

LVT Number: #22297

Proprietary lessee's estate executor asked the Surrogate's Court to stop landlord cooperative corporation from selling the lessee's co-op shares pending a ruling on the amount of maintenance due on the unit. The executor claimed that there should be some abatement due to breach of warranty of habitability. The court granted a temporary injunction. Landlord asked for reconsideration. Landlord claimed that only a tenant living in an apartment could claim breach of warranty of habitability. The court ruled against landlord.

Proprietary lessee's estate executor asked the Surrogate's Court to stop landlord cooperative corporation from selling the lessee's co-op shares pending a ruling on the amount of maintenance due on the unit. The executor claimed that there should be some abatement due to breach of warranty of habitability. The court granted a temporary injunction. Landlord asked for reconsideration. Landlord claimed that only a tenant living in an apartment could claim breach of warranty of habitability. The court ruled against landlord. Since the executor hadn't rented the unit, there was no issue of unjust enrichment, and the executor could make the warranty of habitability claim on behalf of the ultimate apartment owners.

Estate of Gelfand: NYLJ, 11/13/09, p. 27, col. 3 (Surr. Ct. Kings; Johnson, Surr.)

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