One-Third of Building Tenants Sought Appointment of 7-a Administrator

Building tenants sued to seek appointment of an Article 7-a administrator to manage the building. Landlord asked for disqualification of tenants' attorneys based on an unsanctioned interaction with landlords without legal counsel present. The court declined to disqualify tenants' attorneys, the Urban Justice Center, but disqualified the individual attorney in question, prohibiting any further contact with the case. Landlord then moved to dismiss the case, claiming improper service of the court petition and that tenants who brought the lawsuit didn't represent at least one third of building tenants, as required under Real Property Actions and Proceedings Law Section 770. The court ruled against landlord, finding service proper. And, with the addition of one tenant and an amended court petition, tenants had the required one-third to seek an Article 7-a administrator.

Matter of Serban: Index No. 2173/17, NYLJ No. 1523250808 (Civ. Ct. Kings; 3/26/18; Chinea, J)