Katz v. Board of Managers, One Union Square East Condominium
Opinion of the Court
Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 9, 2009, which, to the extent appealed from as limited by the briefs, granted defendant condominium board’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.
The record demonstrates that defendant acted within the scope of its authority pursuant to section 6.3-1 of the bylaws to plan and arrange for the restoration of plaintiffs fire-damaged unit, that its actions were undertaken pursuant to a legitimate
Plaintiff appears to have abandoned her arguments as to the causes of action for constructive eviction and breach of the implied warranty of habitability. In any event, those arguments are unavailing absent a landlord/tenant relationship between the parties (see e.g. Linden v Lloyd’s Planning Serv., 299 AD2d 217 [2002], lv denied 99 NY2d 509 [2003]; Frisch v Bellmarc Mgt., 190 AD2d 383 [1993]). Concur—Mazzarelli, J.P., Friedman, Acosta, DeGrasse and Román, JJ. [Prior Case History: 25 Misc 3d 1238(A), 2009 NY Slip Op 52477(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.