In 29-45 Tenants' Corp v. Rowe, NYLJ, Jan 8, 1992, the shareholder asserted claims of breach of warranty of habitability and constructive eviction for periods when he was unable to use his terrace because of repair work being done by the Board.
The Court dismissed these claims noting that the work was necessary to effectuate repairs and was done as expeditiously as possible.
The Court held:
Being a member of a cooperative is very different from being a rental tenant. Respondent is a part owner of the building; it is in his best interest to ensure that the building is properly maintained to protect his investment.... An owner cannot be given financial compensation against himself and fellow owners for necessary maintenance. Id.