Adler v. Ogden CAP Properties

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about December 13, 2013, which to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiffs Lauren Shoenfeld’s and Perri Steiner’s breach of the warranty of habitability claim, and limited the scope of the proposed class of plaintiffs, unanimously affirmed, without costs.

The motion court correctly granted summary judgment dismissing plaintiffs’ claim that defendants breached the warranty of habitability set forth in Real Property Law § 235-b…