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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Co-ops and Condominiums

By NYRE Staff
August 01, 2022

Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach

Andreas v. 186 Tenants Corp., 2022 WL 1309154, AppDiv, First Dept. (memorandum opinion)

In an action by co-op shareholders for breach of contract and breach of the warranty of habitability, shareholders appealed from Supreme Court's dismissal of the habitability claim, grant of partial summary judgment to the co-op on its breach of contract counterclaim, and award of attorney's fees to the corporation. The Appellate Division modified to defer determination of attorney's fees, but otherwise affirmed.

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