Calderon v Kenga Roo Realty LLC
2019 NY Slip Op 02794 [171 AD3d 515]
April 11, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2019


[*1]
 Maria A. Calderon, Appellant,
v
Kenga Roo Realty LLC et al., Respondents.

Maria A. Calderon, appellant pro se.

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered April 4, 2018, which granted defendants Donald Zucker Co. (DZC) and Manhattan Skyline Co.'s (MSC) motion to dismiss the complaint, unanimously affirmed, without costs.

The court correctly dismissed plaintiff's first cause of action for breach of the warranty of habitability, brought pursuant to Real Property Law § 235-b (1), because DZC and MSC were not plaintiff's landlord or the lessor of plaintiff's apartment. The second and third causes of action for breach of the covenant of quiet enjoyment and breach of contract, respectively, were similarly correctly dismissed based upon the absence of a contractual or landlord tenant relationship between plaintiff and the moving defendants (Wright v Catcendix Corp., 248 AD2d 186, 186 [1st Dept 1998]). The negligence claim was correctly dismissed because the complaint did not allege any duty owed by DZC or MSC to plaintiff, without which there can be no liability (Pasternack v Laboratory Corp. of Am. Holdings, 27 NY3d 817, 824 [2016]). In light of the dismissal of all of plaintiff's substantive claims, its claim for injunctive relief must likewise be dismissed, as it does not constitute an independent cause of action (see Carlyle, LLC v Quik Park 1633 Garage LLC, 160 AD3d 476, 478 [1st Dept 2018]). Concur—Acosta, P.J., Manzanet-Daniels, Tom, Oing, JJ.