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ELKMAN v. SOUTHGATE OWNERS CORP.

233 A.D.2d 104 (1996)

649 N.Y.S.2d 138

Steven M. Elkman et al., Appellants, v. Southgate Owners Corp., Respondent

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

November 7, 1996

The IAS Court properly denied partial summary judgment on the first cause of action alleging breach of the implied warranty of habitability (Real Property Law § 235-b) in connection with an alleged noxious odor condition emanating from a retail fish store in an adjacent building neither owned nor controlled by defendant cooperative apartment corporation. Not only was discovery incomplete (CPLR 3212 [f]), but material issues...

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