Judge Grants Abatement of Maintenance Fees for New York Couple

NEW YORK - A New York judge has granted cooperative apartment owners leave to withhold maintenance fees owed since June 2006 when their unit allegedly became unlivable because of roof leaks and mold. Granirer v. The Bakery Inc., No. 109915/06 (N.Y. Sup. Ct., N.Y. Cty.).

New York Supreme Court Justice Barbara R. Kapnick also ruled in her Sept. 10 decision, however, that the same proprietary lease that allows for abatement of maintenance payments doesn't provide a basis for the apartment owners' claim for alternative living expenses.

Dan Granirer and Keiko Honda sued The Baker Inc., the apartment corporation, and individual …