xxxxx xxxxxx v. Sherman Square Realty Corp.

This is an action for injunctive, declaratory, and other relief including breach of

contract, partial constructive eviction, breach of the warranty of habitability, and breach of City

and State Human Rights Law based upon the Cooperative’s actions in violation of the Proprietary

Lease, governing documents, and applicable law.

Plaintiff seeks, principally, to protect her rights under the Proprietary Lease (the

“Lease”) and prevent the Cooperative from wrongfully terminating the Lease in bad faith and

evicting her from the home where she has lived since 1992. Plaintiff seeks to prevent the

Cooperative from acting to terminate her Proprietary Lease for bad faith, pretextual reasons and

in retaliation for her efforts to have the Cooperative repair the Building façade exterior wall water

leaks and infiltration that have been occurring since 2019, to repair damage to her Apartment

caused by such water infiltration, to cure the lack of heat and heating deficiencies in my Apartment

since January 2022, and to repair a broken front door lock which the Cooperative is obligated, but

has refused, to repair.

Rather than repair the Building façade exterior wall, the Cooperative denied that

there were water leaks and infiltration asserted that any leaks and resultant damage are Plaintiff’s

obligation to repair. Rather than repair and restore the heat to the Packaged Terminal Air

Conditioner (“PTAC”) units broken by the Cooperative’s faulty installation of new steam traps,

the Cooperative took the position that the heating issues are Plaintiff’s obligation to repair.

Causes of Action

1. Breach of Proprietary Lease

2. Declaratory Judgment

3. Partial Constructive Eviction

4. Breach of Warranty of Habitability

5. Violation of NY State and NY City Human Rights Laws

6. Permanent Injunctive Relief