No Requirement to Heat Outdoor Terrace

Prior cooperative apartment owner got permission from landlord to enclose a terrace next to the apartment with a glass roof and windows, creating a greenhouse. New apartment owner sued landlord, claiming that defects in the building structure and roof caused water to leak into her apartment and greenhouse. She also claimed a breach of the warranty of habitability because landlord wouldn't allow the terrace area to be connected to the building's heating system. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Apartment owner appealed and lost. Landlord had no duty to make the repairs, because landlord and apartment owner signed an indemnification agreement when they signed the proprietary lease. This agreement made apartment owner responsible for any alteration work that she did in the apartment or that had been done by prior tenant. In addition, since the enclosed terrace was never considered a habitable part of the apartment, landlord had no duty to provide heat to that area.

Messner v. 112 East 83rd Street Tenants Corp.: NYLJ, 7/23/07, p. 24, col. 1 (App. Div. 1 Dept.; Saxe, JP, Marlow, Catterson, McGuire, JJ)