Court Won't Issue Injunction to Force Co-op Tenant to Wear Mask in Lobby

July 26, 2021

LVT Number: #31508

Cooperative shareholder tenant sued another building lessee and asked the court for an injunction forcing the lessee to wear a face mask within the building's common areas. The shareholder claimed that the lessee entered the common areas without wearing a mask in violation of NY State's pandemic regulations. The shareholder also argued that the lessee placed other tenants' health and safety at risk and violated the terms of her tenancy. The court ruled against the shareholder tenant, finding that the shareholder didn't present admissible proof of its claim.

Cooperative shareholder tenant sued another building lessee and asked the court for an injunction forcing the lessee to wear a face mask within the building's common areas. The shareholder claimed that the lessee entered the common areas without wearing a mask in violation of NY State's pandemic regulations. The shareholder also argued that the lessee placed other tenants' health and safety at risk and violated the terms of her tenancy. The court ruled against the shareholder tenant, finding that the shareholder didn't present admissible proof of its claim. Also, ordering the lessee to wear a face mask failed to take into consideration any potential regulatory changes to COVID-19 pandemic requirements, and could subject her to a continuous order even if masks weren't required in the future.

Rush Props. v. Riveros: Index No. 601909/2021, NYLJ No. 1624933833 (Sup. Ct. Nassau; 6/15/21; Rademaker, J)

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