GEETANJALI MISRA v. YEDID

In this action by the purchaser of a cooperative apartment, defendant realtors' summary judgment motion was properly denied on the ground that plaintiff had presented sufficient circumstantial evidence raising triable issues of fact ( see Jablonski v Rapalje, 14 AD3d 484, 486; Koeppel v City of New York, 205 AD2d 402) as to whether the realtors had actively concealed the noise of a ventilation system located directly above the apartment by tampering with the fan speed.

Plaintiff met her burden of proving that the cooperative violated the warranty of habitability ( see Jablonski v Rapalje, 14 AD3d 484, supra). However, because the remedy for such a breach is not restricted to a rent abatement ( see Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 329, cert denied 444 US 992; German v Federal Home Loan Mtge. Corp., 885 F Supp 537, 568 [SD NY 1995]), the court properly held that the amount of damages should be determined at trial.

We have considered the parties' remaining arguments for affirmative relief and find them without merit.