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FRISCH v. BELLMARC MGT.

190 A.D.2d 383 (1993)

Warren Frisch, Respondent, v. Bellmarc Management, Inc., et al., Respondents, and Board of Managers of the Cooper Square Condominium, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1993

Attorney(s) appearing for the Case

Steven E. Rosenfeld of counsel, New York City (Ira E. Garr with him on the brief; Stein, Garr & Rosenfeld, attorneys), for appellant.

Joseph Milano of counsel, New York City (Stuart Abrams with him on the brief; Finkelstein Bruckman Wohl Most & Rothman, attorneys), for Warren Frisch, respondent.

John P. Donohoe of counsel, New York City (Phillips, Lytle, Hitchcock, Blaine & Huber, attorneys), for The Southern New York Chapter of the Community Associations Institute, amicus curiae.

Stuart M. Saft of counsel, New York City (Wolf, Haldenstein, Adler, Freeman & Herz, attorneys), for Council of New York Cooperatives, amicus curiae.

MILONAS, J. P., ROSENBERGER and WALLACH, JJ., concur.

ROSS, J.

The only issue presented on this appeal is whether Real Property Law § 235-b, the statutory warranty of habitability, is applicable to the relationship between the board of managers of a condominium and an individual unit owner. It is clear that tenant-shareholders in a cooperative can rely on section 235-b in actions against the cooperative corporation...

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