NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Was Landlord Responsible for Tenant's Slip and Fall on Ice?

May 24, 2020    

Ulster County tenant sued landlord for negligence after she slipped and fell on a patch of ice on the single exterior step between the sidewalk and a small porch in front of her apartment door. Following pre-trial...

Eviction Warrant Vacated After Guardian Appointed for Tenant

May 24, 2020    

Landlord sued to evict tenant for nonpayment of rent. The housing court appointed a guardian ad litem (GAL) for tenant. The parties signed a court-ordered settlement agreement in 2017, which included a money judgment...

Was Landlord Responsible for Tenant's Trip and Fall Over Door Saddle?

May 24, 2020    

Tenant sued landlord for negligence, after she tripped and fell on a door saddle at the bathroom entrance in her apartment. Landlord owned the building and was a social services organization that rented units to...

Shareholder's Daughter Gets Former Mitchell-Lama Apartment

May 24, 2020    

Landlord cooperative corporation, a former Mitchell-Lama co-op, that went free market in 2015, filed an Article 78 appeal of the DHCR's decision that former shareholder tenant's daughter had succession rights...

Court Finds No Proof Apartment Was Uninhabitable

May 24, 2020    

Tenant sued landlord, claiming breach of the warranty of habitability and that his unregulated apartment was uninhabitable due to mold, vermin, dust, and broken appliances. Landlord denied tenant's claims and...

No Illegal Lockout of Person Allowed to Live in Commercial Space

May 23, 2020    

Tenant sued someone he claimed was his landlord for illegal lockout. Since the court action took place during the COVID-19 public health emergency, the court denied tenant's request for a jury trial and instead...

Landlord Not Responsible for Visitor's Attack on Tenant

May 23, 2020    

Tenant sued a person who attacked her in her apartment building and sued her landlord for negligence. In April 2015, after a night on the town, tenant returned to her building, followed by another woman. The doorman...

Landlord Can't Seek Property Damage Compensation from Vacating Tenant

May 23, 2020    

Landlord sued former tenant of a single-family house in small claims court for $5,000, based on unpaid rent and damage to property. The court ruled for landlord in part, finding that tenant owed unpaid rent of $2,950...

Court Applies Regina Metropolitan Ruling to Limit Rent Overcharge Finding

May 23, 2020    

Landlord sued to evict rent-stabilized tenant in April 2019 based on nonpayment of rent. In response, tenant claimed rent overcharge based on a 2016 DHCR decision. Landlord claimed that it already had credited tenant...

Co-op Corp. Didn't Harass Shareholder It Sued for Defamation

May 23, 2020    

Landlord cooperative corporation sued a shareholder tenant for defamation. The co-op claimed that after losing an election for board president to another proprietary lessee, the tenant created a public Facebook group...

Landlord Asks Court to Strike ECB References in City's Nuisance Complaint

May 23, 2020    

The city sued landlord of several Manhattan buildings and sought nuisance abatement. After three years of unsuccessful administrative enforcement efforts, the city claimed that landlord had failed to stop illegally...

Landlord Can't Seek Rent from Tenant's Successor Without Lease

May 23, 2020    

Landlord sued to evict former Starrett City Mitchell-Lama tenant's son for nonpayment of rent since August 2016, when tenant's last lease expired. The son had claimed successor status after tenant died. The...