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Zayas v. Franklin Plaza – Case Brief Summary (New York)

In Zayas v. Franklin Plaza, 23 Misc. 3d 1104[A], 881 N.Y.S.2d 368, 2009 NY Slip Op 50579[U] [Civ Ct, NY Co, Singh, J, 2009], the tenant in a Mitchell-Lama cooperative development sued her landlord to recover for personal injuries and property damage arising from a bed bug infestation.

The court found that the cooperative corporation had breached its non-delegable duty under section 78(1) of the Multiple Dwelling Law (applicable only to residential buildings) to maintain the building in good repair because there was a building-wide bed bug infestation.