NEW YORK LAW JOURNAL

Nonprimary Resident Family Member Doesn't Have Succession Rights

December 11, 2012    

Tenant's family member claimed succession rights to Cadman Towers apartment after tenant died. HPD ruled against the family member, who filed an Article 78 appeal and lost. The family member was listed as an...

Landlord Can't Evict Section 8 Tenant

December 11, 2012    

Landlord sued to evict Section 8 tenant, claiming that tenant refused to pay rent for a portion of the premises that wasn't approved by a public housing agency. Tenant otherwise had paid her portion of monthly...

Tenant Doesn't Prove Accumulation of Snow in Slip-and-Fall Case

December 11, 2012    

Tenant sued NYCHA after she slipped and fell when she got out of a taxi and stepped onto a curb in front of landlord's building. Tenant claimed that NYCHA was negligent in failing to properly remove snow ...

Landlord Not Responsible for Tenant's Slip and Fall on Wet Stairs

November 16, 2012    

Tenant sued landlord for negligence, after slipping and falling on stairs in the building. The court granted landlord's request to dismiss the case withouta  trial. Tenant appealed and lost. Tenant's...

Loft Improvements Became Landlord's Property

November 16, 2012    

Loft tenant sued landlord, seeking restitution for improvements he made to eight lofts in landlord's building. Landlord, in turn, sought ejectment and recovery of the eight units. The court ruled for landlord....

Tenant Can't Get Attorney's Fees

November 16, 2012    

New York's highest court ruled that, in a rent overcharge proceeding, the DHCR could look back more than four years and freeze the tenant's rent at the level determined in a prior rent reduction order based...

Was Landlord Responsible for Robbery in Building?

November 16, 2012    

Tenant sued landlord for negligence after her apartment was robbed. She claimed that landlord had failed to fix a broken lock on the building's front door entrance despite notice. Landlord asked the court to...

Tenant's Granddaughter Can't Get NYCHA Apartment

November 16, 2012    

NYCHA tenant's granddaughter claimed succession rights to tenant's apartment after tenant died. NYCHA ruled against the granddaughter, who filed an Article 78 appeal. The court and appeals court ruled against...

Landlord Can't Exit J-51 Tax Benefit Program Retroactively

November 16, 2012    

Landlord sought to retroactively exit New York's J-51 tax benefit program by paying back all the tax benefits it received through the program. Landlord argued that both the city and landlord had misunderstood the...

Tenant's Son Can't Get NYCHA Apartment

November 16, 2012    

NYCHA denied the request by tenant's son for succession rights after tenant died in 2009. The son filled an Article 78 court appeal. The court and appeals court ruled against the son. Tenant's son didn't...

Was Landlord Responsible for Tenant's Fall in Stairway?

November 15, 2012    

Tenant sued landlord for negligence after she slipped and fell in a building stairway while trying to avoid a puddle of urine covering some of the steps. Landlord claimed that it wasn't responsible and asked the...

Tenant Gets Interest on Attorney's Fee Award

November 15, 2012    

Landlord sued to evict tenant. The court ruled against landlord and awarded tenant attorney's fees. Landlord appealed the attorney's fee award and lost. Although the lease didn't define the attorney's...