Opinion
570795/12.
11-09-2012
Inna Mosaleva, Plaintiff-Appellant, v. Jerome Avenue Tenant HDFC and Total Realty Associates, Inc., Defendants-Respondents.
PRESENT: , P.J., Schoenfeld, Torres, JJ
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), dated June 20, 2012, which granted defendants' motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Gerald Lebovits, J.), dated June 20, 2012, reversed, without costs, motion denied and complaint reinstated.
The action, seeking damages for breach of plaintiff-tenant's proprietary lease and violation of the warranty of habitability, is not ripe for summary dismissal. The pro se plaintiff's opposing affidavit, though inartfully drawn, was sufficient to raise triable issues regarding the odors and other potentially habitability impairing conditions allegedly created by the use allowed by defendants of the cooperatively owned building's backyard (see Elkman v Southgate Owners Corp., 233 AD2d 104, 105 [1996]). That other legal remedies may be available to plaintiff does not preclude her from pursuing this plenary action seeking lease and habitability damages.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.