Tenants Can Pursue Class Action Against Landlord Based on Response to Superstorm Sandy

Tenants sought to represent a class of residential and commercial tenants of their building, claiming that landlord was negligent by failing to properly secure the building prior to Superstorm Sandy and in connection with remediation efforts following the storm in 2012. The court ruled that tenants satisfied the criteria for class action status based on the number of tenants and common questions. The building had more than 400 apartments above 15 floors of commercial space. The case would consist of evidence of landlord’s efforts to prevent damage in advance of the storm and to repair damage after the storm. Common questions predominate over individual questions concerning the amount and type of damages sustained by each tenant. 

Roberts v. Ocean Prime LLC: 2017 NY Slip Op 01974, 2017 WL 1013504 (App. Div. 1 Dept.; 3/16/17; Tom, JP, Acosta, Richter, Manzanet-Daniels, Kahn, JJ)