Case Type

HP

Housing Type

Co-op

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

L&T 2622-25

Slip Opinion Number

2026 NY Slip Op 50368(U)

Petitioner

Monica Gray

Respondent

Diamond Property Management, et al.

Judge

Schiff, Logan J.

Decision/Order Date

2026-03-20

Posture

Pre-answer Motion by Landlord

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In this HP proceeding, a tenant, a co-op shareholder, sought an order compelling the landlord (managing agent) to correct Housing Maintenance Code violations for lack of electricity and water leaks. The landlord moved to dismiss, arguing the proprietary lease assigned repair responsibility for interior conditions to the tenant. The court denied the landlord's motion, holding that cooperative corporations and their agents have a non-delegable statutory duty to correct health and safety violations, irrespective of the proprietary lease. The court also found the landlord failed to conclusively prove the violations did not originate from outside the unit, and ordered the landlord to correct the listed violations.

Keywords

HP; Cooperative; Question of Which Party Responsible for Repairs

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