dismissed Plaintiff's claims for negligence and attorneys' fees against the Board, thereby
dismissing all remaining claims against the Board. Accordingly, the only causes of action
which remained after trial, and which are addressed here, were Plaintiff's claims against
the Cooperative for breach of warranty of habitability, breach of quiet enjoyment,
diminution of value, and attorneys' fees, and the Corporation's claims for unpaid
maintenance and attorneys' fees.
Having had the opportunity to observe the witnesses and consider the credible
testimony and evidence at trial, as well as the parties' written post-trial summations, the
Court: (1) dismisses Plaintiff's third and fifth causes of action against the Cooperative for
breach of quiet enjoyment and diminution of value; (2) finds in favor of Plaintiff in part
on Plaintiff's second cause of action for breach of warranty of habitability and the
Corporation in part on its second counterclaim for maintenance fees, which together
comprise the bulk of the claims and testimony at trial; and (3) dismisses Plaintiff's eighth
cause of action and the Corporation's third counterclaim for attorneys' fees.
FINDINGS OF FACT AFTER TRIAL[FN4]
Plaintiff owns 1,550 shares of stock in the Corporation, which owns the subject
building located at 136 East 56th Street (the "Building"; Defs Exhs 15-18;
5/18 1656-1665). Pursuant to a proprietary lease executed in 1999 and amended
in April 2010 (Defs Exhs 4, 12 [the "Lease" and "Amended Lease,"], 5/18
1664:5-18),[FN5]
Plaintiff leased the Apartment, a one-bedroom unit with a [*3]terrace.
The Lease and Amended Lease required the Corporation to maintain the Building
and associated "equipment and apparatus," other than what was Plaintiff's responsibility