NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Is Landlord Responsible for Window Falling on Tenant's Hand?

June 17, 2019    

Tenant sued landlord for damages, after an apartment window abruptly closed on his hand. Tenant claimed that landlord negligently maintained the window. The court granted landlord's request to dismiss the case...

Trial Needed to Decide Brother's Succession Claim

May 25, 2019    

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The brother claimed succession rights. Landlord asked the court to rule in its favor without trial. Landlord claimed that the brother...

Rent-Stabilized Tenant Can't Prove Fraud

May 25, 2019    

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized,...

Tenant Relocated Temporarily to San Antonio for Job

May 20, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, finding that tenant relocated only temporarily due to employment requirements to move to San Antonio for...

Landlord Can't Prove Tenant's Apartment Clutter Created Nuisance Condition

May 20, 2019    

Landlord sued to evict 81-year-old HUD/Section 8 tenant for permitting a dangerous nuisance condition at her apartment. Landlord claimed that tenant refused to permit access to landlord for pest extermination, kept...

Did Rent-Stabilized Tenant Deceive Landlord While Daughter Lived in Apartment?

May 20, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had in fact moved out of the apartment while her daughter lived there. Tenant and tenant's daughter asked the court to dismiss the...

Shareholder Tenant's Lawsuit Against Co-op Board Dismissed

May 20, 2019    

Cooperative shareholder tenant sued landlord cooperative corporation to challenge amendments to her apartment's proprietary lease. Tenant claimed that landlord acted in bad faith. Landlord had amended the...

Tenant's Son Didn't Prove Succession Rights to Public Housing Apartment

May 20, 2019    

Public housing tenant's son claimed succession rights to tenant's apartment after tenant died. HPD ruled against tenant's son, who then filed an Article 78 court appeal to challenge HPD's decision....

Can Rent-Stabilized Tenant Be Evicted for Short-Term Rentals?

May 15, 2019    

Landlord sued to evict rent-stabilized tenant for profiteering by engaging in short-term rentals of the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord, who...

Rent-Stabilized Tenant's Grandson Didn't Prove Succession Claim

May 15, 2019    

Landlord sued to evict Mt. Vernon apartment occupant after the apartment's rent-stabilized tenant died. The occupant claimed that he was tenant's grandson, that he had continuously lived at the apartment with...

Rent-Stabilized Tenant's Sister Gets Apartment

May 15, 2019    

Landlord sued to evict rent-stabilized tenant's sister after tenant died. The sister claimed succession rights. The trial court ruled for the sister and dismissed the case. Landlord appealed and lost. The sister...

Did Lead Paint in NYCHA Apartment Cause Injury to Tenant's Child?

May 15, 2019    

Tenant sued landlord NYCHA, claiming that her child was injured by exposure to lead-based paint in their apartment. Landlord claimed that there was no hazardous lead paint condition in the apartment, but the court...