The Supreme Court, New York County, granted Defendant Apartment Cooperative’s Motion to Dismiss and/or for Summary Judgment for claims brought by Plaintiff seeking to have an apartment transferred to his name. Plaintiff commenced an action seeking various declarations as to rights under a Proprietary Lease to a cooperative apartment on the Upper East Side of Manhattan. However, Plaintiff had previously entered into so-ordered stipulations agreeing to vacate the apartment and to move personal property out of the apartment. The Court held that these stipulations thereby precluded Plaintiff from now seeking to have the Proprietary Lease be transferred into his name for the subject apartment. The Court further held that an earlier Order of Ejectment served to terminate Plaintiff’s rights to the apartment. Finally, the Court dismissed a breach of the warranty of habitability claim by finding that this same claim was previously adjudicated and dismissed in a prior Landlord-Tenant action between the parties.
A copy of the decision can be found here:DOCS-1782554-v1-Court_s_Decision