Kahn v. 230-79 Equity Inc.
In 2004, an Upper East Side cooperative was determined to evict our client in any way possible filing multiple causes of action and multiple cases. But, no one involved in the case ever thought that a ruling would come down in Housing Court that would be cited in 3 out of the 4 Appellate Divisions in New York State as well as in 144 published decisions as published works.
A cooperative had to repair a resident’s dwelling no matter who caused the repair. This ruling, in favor of Adam Leitman Bailey, P.C.’s client was appealed to the Appellate Term and affirmed on appeal. The Appellate Term ruled in a case of first impression:
‘The cooperative, as statutory owner, is obligated in the first instance to remove Housing Code violations (see, McMunn v. Steppingstone Mgt. Corp., 131 Misc 2d 340). It is premature to determine whether the tenant shall be ultimately responsible for the repair expenses according to the proprietary lease since the fact issues concerning the source and cause of the alleged water leak have not yet been tried.’