landlord/tenant relationship. See Meldrim v. Hill, 260 AD2d 836 (3d Dept 1999); see
also Frisch, supra . Therefore, the second and third causes of action are hereby severed
and dismissed.
Plaintiff's first cause of action alleges that the defendant breached the bylaws by "fail[ing] to
properly insure that the repair of Plaintiff's Unit was completed in a timely fashion and a
workmanlike manner." Article 6 Section 6.3-1 of the bylaws provides as follows:
In the event that the Building or any part thereof is damaged or destroyed by fire or
other casualty (unless three-fourths or more of the building is destroyed or substantially damaged
and 75% or more in Common Interest of all Unit Owners do not duly and promptly resolve to
proceed with repair or restoration) the Residential Board with respect to any damage or to
destruction of the Residential Section, the Commercial Board with respect to any change or
destruction of the Commercial section and the Condominium Board with respect to any damage
to or destruction of the General Common Elements, shall arrange for the prompt repair and
restoration thereof (including each Unit, but excluding fixtures, furniture, furnishing or other
personal property not constituting a part of such Unit) and the applicable Board, Unit Owner or
the insurance trustee, as the case may be, shall disperse the proceeds of all insurance policies to
the contractors engaged in such repair and restoration in appropriate progress
payments...
A condominium's by-laws constitute a contract with the unit
owners. Lesal Assoc. v Board of Mgrs. of Downing Ct. Condominium, 309 AD2d 594
(1st Dept 2003). Two fundamental principles of contract construction are that: (1) agreements are