Adam Leitman Bailey, P.C. Makes New Cooperative Law on Repairs During Street Fight on the Upper East Side
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 various cases. However, no one involved in the case ever thought that a ruling would come down in the Housing Court, which 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:
‘As statutory owner, the cooperative 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 under the proprietary lease since the fact issues concerning the source and cause of the alleged water leak have not yet been tried.’