Court Affirms Habitability Ruling Against Part-Time Tenant

NEW YORK - A New York appellate court has affirmed a ruling that a part-time resident could not seek compensation under a breach of the warranty of habitability claim for the time she was not living in her allegedly mold-contaminated cooperative apartment. Genson v. Sixty Sutton Corp., 2010 NY Slip Op 05268 [3044N 109105/2006] (N.Y. Sup. Ct., App. Div., 1st Dept.).

The New York Supreme Court Appellate Division, First Department, noted that the ruling effectively denies recovery on that claim to plaintiff Jill Genson, while also affirming the transfer of all other causes of action to New York's Civil Court, …