Justice Saliann Scarpulla
In this action for breach of contract, cooperative housing company York Towers moved for summary judgment dismissing proprietary lessees’ counterclaims. York sued alleging defendants failed to maintain their apartment in good repair and failed to reimburse York after it made repairs at it own expense. Defendants argued they stopped paying maintenance as York constructively evicted them, depriving them of the use and enjoyment of their residence, as well as harassed them. The court previously dismissed 11 of 15 counterclaims defendants asserted, granting them leave to amend their answer and counterclaim to assert a claim for trespass. Defendants alleged that a superintendent and board members entered their apartment without prior notice or consent, constituting trespass. York argued that under a “right of entry” clause in the lease entitled entry into defendants’ apartment at any time without notice or consent. The court disagreed noting York presented no evidence that the superintendent and board entered defendants’ apartment to “make or facilitate repairs” as required under the lease, declining to permit York’s interpretation that it may enter an apartment at any time, for any reason, without notice. Thus, it denied dismissal of the trespass counterclaim.
