Landlord Had No Duty to Disclose Contemplated Elevator Repairs

November 1, 2006

LVT Number: 19242

Former tenant sued landlord, claiming damages for fraud. Tenant claimed that landlord misled her into believing that she was renting an apartment in a luxury, full-service building with two working passenger elevators, plus a service elevator. Instead, tenant claimed that the 21-story building had only one passenger elevator that frequently broke down. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant didn't claim that landlord made any statements misrepresenting the condition of any building systems.

Former tenant sued landlord, claiming damages for fraud. Tenant claimed that landlord misled her into believing that she was renting an apartment in a luxury, full-service building with two working passenger elevators, plus a service elevator. Instead, tenant claimed that the 21-story building had only one passenger elevator that frequently broke down. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant didn't claim that landlord made any statements misrepresenting the condition of any building systems. Beyond that, landlord had no duty of disclosure to tenant, so there could be no claim of fraud. Landlord had no obligation to volunteer information to tenant concerning contemplated future elevator repairs.

Dembeck v. 220 Central Park S., LLC: NYLJ, 10/26/06, p. 31, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Tom, Saxe, Sullivan, McGuire, JJ)

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