In Frisch v. Bellmarc Mgmt., Inc., 190 A.D.2d 383 (1st Dept 1993) the owner of a condominium unit had never lived in the unit, but rented it out. After his tenant complained of water leaks in the unit, requiring substantial repairs, the owner sued the condominium association for breach of the warranty of habitability. The condominium association counterclaimed for back common charges and moved for summary judgment on its counterclaim. The trial court denied the association's motion for summary judgment. On appeal, the Appellate Division, First Department reversed. In dicta, the Appellate Division stated that the warranty of habitability did not apply to owners of condominium. Even if it had "plaintiff could not avail himself of the protection of the statutory warranty of habitability sinec he did not personally reside in the unit (see Halkedis v. Two E. End Ave. Apt. Corp., 161 AD2d 281, 555 N.Y.S.2d 54, lv denied 76 N.Y.2d 711, 565 N.E.2d 516, 563 N.Y.S.2d 767) and cannot dispute that he purchased the condominium as a real estate investment without any intent of ever occupying it". Id. at 390.