Landlord Can't Sue Builders for Breach of Implied Housing Warranty

August 9, 2013

LVT Number: #25000

Landlord cooperative corporation sued construction manager and general contractor, claiming breach of contract for apartment building renovation, breach of the implied housing warranty, and related claims. The construction manager and contractor asked the court to dismiss the case. The court ruled for them in part. A claim for breach of the implied housing warranty didn't apply to landlord's 29-story building. The law, General Business Law article 36-B, applied only to buildings that were fewer than five stories in height.

Landlord cooperative corporation sued construction manager and general contractor, claiming breach of contract for apartment building renovation, breach of the implied housing warranty, and related claims. The construction manager and contractor asked the court to dismiss the case. The court ruled for them in part. A claim for breach of the implied housing warranty didn't apply to landlord's 29-story building. The law, General Business Law article 36-B, applied only to buildings that were fewer than five stories in height. But landlord could maintain its breach of contract claim against the contractors. 

110 Central Park South Corporation v. 112 Central Park South, LLC: 2013 NY Slip Op 23256, 2013 WL 3942089 (Sup. Ct. NY; 7/25/13; Jaffe, J)

Topics

More like this