Opinion
8982 Index 100348/17
04-11-2019
Maria A. CALDERON, Plaintiff–Appellant, v. KENGA ROO REALTY LLC, et al., Defendants–Respondents.
Maria A. Calderon, appellant pro se.
Maria A. Calderon, appellant pro se.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, JJ.
Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered April 4, 2018, which granted defendants Donald Zucker Co. (DZC) and Manhattan Skyline Co.'s (MSC) motion to dismiss the complaint, unanimously affirmed, without costs.
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 between plaintiff and the moving defendants ( Wright v. Catcendix Corp. , 248 A.D.2d 186, 186, 670 N.Y.S.2d 15 [1st Dept. 1998] ). The negligence claim was correctly dismissed because the complaint did not allege any duty owed by DZC or MSC to plaintiff, without which there can be no liability ( Pasternack v. Laboratory Corp of Am. Holdings , 27 N.Y.3d 817, 824, 37 N.Y.S.3d 750, 59 N.E.3d 485 [2016] ). In light of the dismissal of all of plaintiff's substantive claims, its claim for injunctive relief must likewise be dismissed, as it does not constitute an independent cause of action (see Carlyle LLC v. Quik Park 1633 Garage LLC , 160 A.D.3d 476, 478, 75 N.Y.S.3d 139 [1st Dept. 2018] ).