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GENSON v. SIXTY SUTTON CORP.

3044N, 109105/06.

74 A.D.3d 560 (2010)

905 N.Y.S.2d 24

JILL GENSON, Individually and on Behalf of RANDY GENSON, an Infant, Appellant, v. SIXTY SUTTON CORP., Respondent.

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

Decided June 15, 2010.

Plaintiff, who was not a full-time resident of her cooperative apartment, was not entitled to compensation for breach of the warranty of habitability during a period in which she was not living there (see Leventritt v 520 E. 86th St., 266 A.D.2d 45 [1999], lv denied 94 N.Y.2d 760 [2000]), especially in light of her admitted inability to recall or document the amount of time she spent there before the mold infection...

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