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McCARTHY v. BOARD OF MANAGERS OF BROMLEY CONDOMINIUM

271 A.D.2d 247 (2000)

706 N.Y.S.2d 104

LAURA McCARTHY, Respondent, v. BOARD OF MANAGERS OF BROMLEY CONDOMINIUM et al., Appellants, et al., Defendants.

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

Decided April 6, 2000.

Plaintiff's fourth cause of action premised upon an alleged warranty of habitability by defendant condominium corporation should have been dismissed since it is clear that defendant condominium did not extend a warranty of habitability to the individually owned unit in question (see, Matter of Mailman [Abbady], 216 A.D.2d 115), and, in any event, would have made no such warranty to plaintiff subtenant, with whom it had "neither a...

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