Bandler v Battery Park Mgt. Co.

[*1] Bandler v Battery Park Mgt. Co. 2005 NY Slip Op 52063(U) [10 Misc 3d 133(A)] Decided on December 19, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 19, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570631/05.

Michael Bandler, Plaintiff-Appellant and Jane Tabachnick, Plaintiff,

against

Battery Park Management Co., Defendant-Respondent.

Plaintiff Michael Bandler appeals from (1) an

order of the Civil Court, New York County (Eileen A. Rakower, J.), dated March 7, 2000, which, inter alia, granted defendant's cross motion dismissing the complaint for failure to state a cause of action pursuant to CPLR 3211(a)(7); and (2) an order, same court and Judge, dated January 4, 2001, which denied his motion for reargument. PER CURIAM:

Order (Eileen A. Rakower, J.), dated March 7, 2000, affirmed, with $10 costs. Appeal from order denying reargument (Eileen A. Rakower, J.), dated January 4, 2001, dismissed, without costs, as an appeal from a nonappealable order.

Civil Court properly determined that plaintiff Michael Bandler, a former roommate of the stabilized tenant, had no cause of action against defendant landlord for statutory harassment or breach of the implied warranty of habitability since there was neither a contractual agreement nor landlord-tenant relationship between Bandler and landlord (see Visken v Oriole Realty Corp., 305 AD2d 493 [2003], lv dismissed 100 NY2d 639 [2003]; Wright v Catcendix Corp., 248 AD2d 186 [1998]).

This constitutes the decision and order of the court. [*2]


Decision Date: December 19, 2005