Granting An Abatement to a Proprietary Leaseholder of An Apartment
In Clinton Hill Apt. Owners v. Gooden (NYLJ, June 26, 1992, at 24, col 6 [App Term, 2d Dept]), the court held there was no basis to grant an abatement to a proprietary leaseholder who was not in possession and occupying the apartment as a tenant during the period of time in question, citing Halkedis v. Two E. End Ave. Apt. Corp and 25 W. 13th St. Corp.
In 142 E. 16 Coop. Owners v. Jacobson (NYLJ, June 5, 1998, at 29, col 3 [App Term, 1st Dept]), the court held the tenant's defense/counterclaim for breach of the warranty of habitability did not lie where he did not reside in the cooperative apartment since 1989 and the premises had been vacant and for sale since departure of the subtenant at the expiration of the sublease, citing Halkedis v. Two E. End Ave. Apt. Corp and Frisch v. Bellmarc Mgt,