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

Citation: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Parent Document: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-04
Original Source: https://www.courtlistener.com/opinion/10349554/orlitsky-v-33-greenwich-owners-corp/ ↗

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The cause of action for breach of the implied warranty of habitability was properly dismissed because the complaint did not allege that plaintiff lived in the apartment or spent any significant time there (see Andreas v 186 Tenants Corp., 208 AD3d 406, 408 [1st Dept 2022]). Similarly, the cause of action for tortious interference with contract was also properly dismissed because, among other things, the complaint did not allege that plaintiff's subtenant breached the sublease(see Oddo Asset Mgt. v Barclays Bank PLC, 19 NY3d 584, 594 [2012]).

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