CALDERON v. KENGA ROO REALTY LLC

8982, 100348/17.

171 A.D.3d 515 (2019)

95 N.Y.S.3d 817

2019 NY Slip Op 02794

Maria A. Calderon, Appellant, v. Kenga Roo Realty LLC et al., Respondents.

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

Decided April 11, 2019.


The court correctly dismissed plaintiff's first cause of action for breach of the warranty of habitability, brought pursuant to Real Property Law § 235-b (1), because DZC and MSC were not plaintiff's landlord or the lessor of plaintiff's apartment. The second and third causes of action for breach of the covenant of quiet enjoyment and breach of contract, respectively, were similarly correctly dismissed based upon the absence of a contractual or landlord tenant relationship...

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