Halkedis v. Two East Eend Ave. Apt. Corp

In Halkedis v. Two East Eend Ave. Apt. Corp., 161 AD2d 281 (1st Dept 1990) the plaintiffs purchased a cooperative apartment. They did not live there nor did they furnish or attempt to make repairs to the unit until they entered into a contract to sell the unit. They were required to make certain repairs under the contract of sale and brought an action against the cooperative, alleging that they were the result of conditions caused, inter alia, by the cooperative's breach of the warranty of habitabllity. Following the testimony of plaintiff and his engineer, the complaint was dismissed for failure to state a cause of action. On appeal, the Appellate Division, First Department, affirmed. The Court state that "assuming arguendo" that the warranty applied, the plaintiffs could not avail themselves of its protection 'because they never made a bona fide attempt to live on the premises". (Id. at 282.)