Roommate Can't Maintain Claim Against Landlord

January 1, 2006

LVT Number: 18600

Tenant's former roommate sued landlord for harassment and breach of the warranty of habitability. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and roommate appealed. The appeals court ruled against roommate. He couldn't maintain these claims against landlord because he had no landlord-tenant relationship or contractual agreement with landlord.

Tenant's former roommate sued landlord for harassment and breach of the warranty of habitability. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and roommate appealed. The appeals court ruled against roommate. He couldn't maintain these claims against landlord because he had no landlord-tenant relationship or contractual agreement with landlord.

Bandler v. Battery Park Mgmt. Co.: NYLJ, 12/27/05, p. 29, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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