Case Type

Holdover-Breach of Lease

Housing Type

Co-op

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

653335/2018

Petitioner

REBECCA ALFORD

Respondent

72ND TENANTS CORPORATION, BROWN HARRIS STEVENS RESIDENTIAL MANAGEMENT, LLC, and BOARD OF DIRECTORS OF 72ND TENANTS CORPORATION

Judge

James, Debra A.

Decision/Order Date

2024-03-12

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In a dispute over the use of a terrace, the tenant alleged breach of lease due to the landlord's failure to maintain the premises. Court found issues of fact regarding whether the disputed area was part of the demised premises, denying summary judgment on that ground. However, the tenant's claims for breach of warranty of habitability and negligence were dismissed due to lack of standing and failure to establish actionable harm under applicable law.

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