Cooperatives & Condominiums

Misrepresentation Claim Fails, But Nuisance Claim Succeeds

Obolewicz v. CRP/Extell Parcel 1, L.P.

NYLJ 12/27/12, p. 17, col. 3

Supreme Ct., N.Y. Cty.

(Singh, J.)

In an action by condominium unit owner against the sponsor, the managing agent, and the real estate broker for misrepresentation, nuisance, and breach of the covenant of quiet enjoyment, all parties moved for summary judgment. The court granted summary judgment to unit owner on the nuisance claims, but granted summary judgment to the various defendants on all other claims.

Unit owner purchased a residential condominium from the sponsor pursuant to a contract in which she acknowledged that she was not relying on any representations made by the sponsor or the selling agent, either written or oral, and that no one was authorized to make any representations on behalf of the sponsor except those included in the offering plan. Nevertheless, unit owner contends that she told one of the broker's representatives that she needed a quiet apartment with an unobstructed view, and that the representative told her that the subject apartment would face an interior courtyard that would be covered only with grass. She purchased the unit, and discovered that three structures ' a generator and vent fans ' were built in the courtyard that emitted noise and odors that prevented her from opening her windows. She brought this action, alleging misrepresentation, nuisance, and breach of the covenant of quiet enjoyment.

In dismissing the misrepresentation claims, the court relied on the plain language of the purchase agreement. The court then turned to the nuisance claim, and observed that the Environmental Control Board, in response to unit owner's complaints, had issued six violations for the generator and vent fans. Those violations entitled unit owner to summary judgment on her nuisance complaint against the sponsor and the managing agent, but not the real estate broker. Finally, the court held that a condominium unit owner cannot sustain a claim for breach of the covenant of quiet enjoyment against the condominium.

Misrepresentation Claim Fails, But Nuisance Claim Succeeds

Obolewicz v. CRP/Extell Parcel 1, L.P.

NYLJ 12/27/12, p. 17, col. 3

Supreme Ct., N.Y. Cty.

(Singh, J.)

In an action by condominium unit owner against the sponsor, the managing agent, and the real estate broker for misrepresentation, nuisance, and breach of the covenant of quiet enjoyment, all parties moved for summary judgment. The court granted summary judgment to unit owner on the nuisance claims, but granted summary judgment to the various defendants on all other claims.

Unit owner purchased a residential condominium from the sponsor pursuant to a contract in which she acknowledged that she was not relying on any representations made by the sponsor or the selling agent, either written or oral, and that no one was authorized to make any representations on behalf of the sponsor except those included in the offering plan. Nevertheless, unit owner contends that she told one of the broker's representatives that she needed a quiet apartment with an unobstructed view, and that the representative told her that the subject apartment would face an interior courtyard that would be covered only with grass. She purchased the unit, and discovered that three structures ' a generator and vent fans ' were built in the courtyard that emitted noise and odors that prevented her from opening her windows. She brought this action, alleging misrepresentation, nuisance, and breach of the covenant of quiet enjoyment.

In dismissing the misrepresentation claims, the court relied on the plain language of the purchase agreement. The court then turned to the nuisance claim, and observed that the Environmental Control Board, in response to unit owner's complaints, had issued six violations for the generator and vent fans. Those violations entitled unit owner to summary judgment on her nuisance complaint against the sponsor and the managing agent, but not the real estate broker. Finally, the court held that a condominium unit owner cannot sustain a claim for breach of the covenant of quiet enjoyment against the condominium.