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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)

Citation
Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Parent Document
Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Jurisdiction
New York (state)
Effective Date
2006-01-10

Full Text

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Though similar to the case at bar, Elkman simply stands for the proposition that a landlord may bring an indemnification claim when he or she has been sued for breach of warranty of habitability. Indemnification still rests on whether “the *367landlord’s fault contributed to the alleged noxious condition of the apartment” (id.). Moreover what distinguishes this case from Elkman, is that it involves a condominium and not just a rental apartment. We have specifically noted this distinction and its effect on the statutory warranty, holding that “[t]he warranty of habitability (Real Property Law § 235-b) does not apply to an individual unit within a condominium” (Matter of Abbady [Mailman], 216 AD2d 115 [1995]).