NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Four-Year Rule Applied to Overcharge Claim

September 19, 2015    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Proves Tenant's Nonprimary Residence

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Before trial, tenant sought landlord’s admission that tenant had lived in...

Tenant Tripped Over Neighbor's Hallway Doormat

August 18, 2015    

Tenant sued landlord and neighboring tenant for negligence after she tripped and fell over the neighbor’s hallway doormat. At the time of the accident, the doormat was in front of tenant’s apartment door...

No Rent Abatement Where Tenant Refused Access for Repairs

August 18, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and found that tenant owed $4,550. Tenant appealed, claiming that there were apartment conditions that required repair. The appeals...

Tenant Deducted Rent as S Corporation Expense

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court to rule in its favor without a trial, based on documentary evidence. The court ruled against landlord, who appealed and...

Tenant Can Raise Habitability Claim Despite "Commercial" Tenancy

August 18, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord without a trial and dismissed tenant’s counterclaim for rent abatement based on apartment conditions. Tenant appealed, and the...

Landlord Had No Notice Before Pipe Burst

August 18, 2015    

Tenant sued landlord and its managing agent in small claims court for water damage to her property caused by a broken pipe in her apartment building. The court dismissed the case against the managing agent, finding...

Tenant Can Sue Landlord in Small Claims Court

August 18, 2015    

Tenant sued landlord in small claims court for $3,300, claiming that landlord’s failure to make proper repairs caused damage to her personal property. The court ruled against tenant, finding that tenant’s...

Tenant Moved Out During Lawsuit

August 18, 2015    

Unregulated tenant sued landlord, claiming that landlord hadn’t made sufficient individual apartment improvements (IAIs) to remove the apartment from rent stabilization. Tenant also claimed rent overcharge. The...

Brooklyn College Professor Primarily Resided in Connecticut

August 18, 2015    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Tenant rented the apartment in 1975 and prior to his marriage in 1993, he...

Landlord Claims He Needs Tenant's Apartment for His Own Use

August 18, 2015    

Landlord sued to evict rent-stabilized tenant from apartment for owner occupancy. Tenant claimed that landlord’s lease nonrenewal notice didn’t state sufficient facts to support landlord’s claim....

Tenant's Niece Can't Get Rent-Controlled Apartment

August 18, 2015    

Landlord sued to evict rent-controlled tenant’s niece after tenant died. The niece claimed succession rights. The court ruled for landlord after a trial, finding that the niece failed to prove either that she...