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BERG v. CHELSEA HOTEL OWNER, LLC

Index No. 654748/20. Appeal No. 15491-15491A. Case No. 2021-01111. 2021-03727.

203 A.D.3d 484 (2022)

164 N.Y.S.3d 131

2022 NY Slip Op 01511

Susan Berg et al., Appellants, v. Chelsea Hotel Owner, LLC, et al., Respondents.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Leon I. Behar, P.C., New York ( Mitchell P. Heaney of counsel), for appellants.

Kasowitz Benson Torres, LLP, New York ( Jennifer S. Recine of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.

The allegations in the amended complaint are sufficiently specific to state a cause of action for breach of the warranty of habitability (Jobe v Chelsea Hotel Owner LLC, 198 A.D.3d 440 [1st Dept 2021]). Plaintiffs alleged, among other things, that for the specific periods set forth in the amended complaint, there were repeated interruptions of essential services such as heat, hot water, gas, and electricity, as well as disruptions in elevator service, phone, television...

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