Summary
dismissing plaintiff's claims against the building owner for constructive eviction, breach of the lease agreement, and breach of the covenant of quiet enjoyment because there was neither a contractual agreement nor landlord-tenant relationship
Summary of this case from Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLCOpinion
March 10, 1998
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
The IAS Court properly determined that plaintiffs, as subtenants, have no cause of action against defendant cooperative corporation Catcendix for constructive eviction, breach of the lease agreement, breach of the covenant of quiet enjoyment or breach of the warranty of habitability since, between them and the cooperative, there was neither a contractual agreement nor landlord-tenant relationship (see, 2 Rasch, New York Landlord and Tenant — Summary Proceedings §§ 28:19, 28:20, 28:52, 28:68, at 350-390 [3d ed]; Mogull Music Corp. v. Madison-59th St. Corp., 162 A.D.2d 336; Jones Brindisi v. Bernstein, 119 Misc. 697). Plaintiffs' sixteenth cause of action is similarly defective. The aforementioned claims, however, although properly dismissed as to Catcendix, may nonetheless be asserted against plaintiffs' sublessor Chusid Associates, which was properly joined as a party defendant in the amended complaint. Finally, plaintiffs' eleventh cause of action, stating a simple claim for negligence and, as such, requiring no underlying contractual relation between the parties, should be reinstated.
We have considered the parties' remaining arguments for affirmative relief and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.