Adam Leitman Bailey represented a cooperative owner complaining of repairs needed to her apartment.
The cooperative building argued that since these repairs based on the corporate documents are the unit owner’s responsibility, the cooperative is not liable to do the repairs.
Both the trial court and Appellate Court agreed, declaring:
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, 500 N.Y.S.2d 219 ). It is premature to determine whether the tenant shall be ultimately responsible for the repair expenses pursuant to the proprietary lease, since the fact issues concerning the source and cause of the alleged water leak have not yet been tried. We do not reach other arguments raised for the first time on appeal (City of New York v Stack, 178 A.D.2d 355, 577 N.Y.S.2d 406 , lv denied 80 N.Y.2d 753, 600 N.E.2d 632, 587 N.Y.S.2d 905 ).
This case is believed to be the first Appellate decision in New York to ever address the issue of requiring a cooperative to make repairs, no matter who may internally be responsible for the repair.
Adam Leitman Bailey represented the firm at the trial level and appeal, argued the cases, and drafted the prevailing documents
Published decision from the Supreme Court of New York, Appellate Term, First Department