NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Waited Too Long to Seek Eviction for Harboring Dog

December 7, 2014    

Landlord sued to evict tenant for keeping a dog in violation of tenant's lease. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, who appealed and won. Landlord sent...

Tenant in Co-op Building Can Cure Failure to Renew Lease

December 7, 2014    

Landlord, the proprietary lessee and shareholder of a cooperative apartment, sued to evict tenant for refusing to sign an offered renewal lease. The court granted tenant's request to dismiss the case. Landlord...

Tenants Can't Sue HUD, DHCR for Submetering Clause in Lease

November 25, 2014    

Tenants and former tenants of Yonkers Section 8 apartment complex sued HUD and the DHCR. Landlord had submetered electricity at the buildings when it refinanced the building in 2008 and, under a lease form mandated...

Co-op Can't Evict Daughter After Shareholder Dies

November 25, 2014    

Landlord sued to evict the daughter and estate executor from co-op shareholder's apartment after the shareholder died. The court ruled against landlord, who appealed and lost. Landlord claimed that the daughter...

Landlord Not Responsible for Subtenant's Bathtub Injury

November 24, 2014    

Subtenant sued landlord for negligence after he fell while exiting the bathtub in tenant's apartment. He claimed that the water became extremely hot while he was in the shower and he fell when he pulled the...

Tenant Trips and Falls on Ramp Outside Building

November 24, 2014    

Tenant sued landlord after he tripped and fell over a ramp outside landlord's building. The court granted landlord's request to dismiss the case without a trial. Tenant appealed, and the case was...

Landlord Can Use Recent Videotape to Rebut Tenant's Claim

November 24, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant hadn't been seen at the building for six months and that she lived in another apartment in the city with her...

Landlord Doesn't Prove Tenant Violated Agreement to Declutter Apartment

November 24, 2014    

Landlord sued to evict elderly, disabled SRO tenant for nuisance based on the cluttered and unsanitary condition of tenant's apartment. Landlord and tenant signed a probationary settlement agreement in court....

Tenant Maintained Primary Residence at Apartment

November 24, 2014    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant spent hardly any time at the apartment and maintained a residence elsewhere in New York State. The court ruled for...

Tenant Who Didn't Cite Any Conditions Can't Claim Breach of Warranty of Habitability

November 24, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and that landlord waited too long to seek the substantial amount of back rent claimed due. Landlord asked...

Was Landlord Responsible for Guest’s Fall from Roof?

November 17, 2014    

Tenant’s guest sued landlord for negligence after he fell off the setback roof of the apartment building. The guest claimed that landlord created and maintained a dangerous condition and...