Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)

Order, Supreme Court, New York County (Verna L. Saunders, J.), entered on or about February 1, 2024, which, to the extent appealed and cross-appealed from as limited by the briefs, denied the motion of defendants 33 Greenwich Owners Corp. (the co-op), the Board of Directors of 33 Greenwich Owners Corp. (together, defendants) and Century Management Services, Inc. to dismiss the causes of action for trespass (first cause of action), breach of the proprietary lease (second cause of action), breach of the implied covenant of good faith and fair dealing (third cause of action), constructive eviction/breach of the covenant of quiet enjoyment (eighth cause of action), and breach of fiduciary duty (eleventh cause of action), and granted defendants' motion to dismiss the causes of action for breach of the implied warranty of habitability (fourth cause of action) and tortious interference with contract (ninth cause of action) and to dismiss the complaint as against defendant Century, unanimously modified, on the law, to grant the motion to dismiss as to the causes of action for breach of the proprietary lease, breach of the implied covenant of good faith and fair dealing, and constructive eviction/breach of the covenant of quiet enjoyment, and otherwise affirmed, without costs.