NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Must Refund Commingled Security Deposit

July 14, 2014    

Landlord sued tenant for breach of lease. Tenant counterclaimed for return of his security deposit. Landlord and tenant had signed a one-year lease commencing on Aug. 1, 2011, for a house. By letter dated Sept. 4,...

Tenant Abandoned Claim Against Landlords by Failing to Seek Default Judgment

July 14, 2014    

Former tenant sued landlords in October 2011 for damages based on injuries she claimed resulted from exposure to lead-based paint in landlords' buildings. The court granted requests by two of the landlords to...

Landlord Had No Notice of Lead Paint Condition

July 14, 2014    

Tenant sued landlord, seeking damages for injuries he claimed resulted from exposure to lead paint in the apartment as a child between 1991 and 1997. Landlord asked the court to dismiss the case without a trial. The...

Landlord Not Responsible for Attack in Tenant's Apartment

July 14, 2014    

Tenant sued landlord for negligence after she was attacked in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof...

Tenant Given Chance to Cure Objectionable Conduct Post-Trial

July 14, 2014    

Landlord sued to evict rent-stabilized tenant for breaching her lease and creating a nuisance by objectionable conduct. Landlord claimed that tenant played loud music when other tenants were sleeping, banged on walls...

Were Short-Term Stays Profiteering by Tenant?

July 11, 2014    

Landlord sued to evict rent-stabilized tenant of a three-bedroom apartment, claiming that tenant was profiteering by renting to a series of short-term stay occupants between March and December 2010. Landlord asked...

Landlord Can't Remove Tenants' Association from Community Room

July 11, 2014    

Landlord cooperative corporation sued to eject tenants' association from the community room of a rent-stabilized building. Tenants asked the court to dismiss the case while landlord asked the court to compel...

Tenant's Fraud Claim Insufficient to Thwart Four-Year Rule

July 11, 2014    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that the apartment was unregulated, but the DHCR found that tenant was rent stabilized because the building was receiving J-51 benefits. However, the...

Was Landlord Responsible for Tenant's Slip and Fall on Icy Landing?

July 11, 2014    

Tenant sued landlord for negligence after she slipped and fell down a wooden staircase leading from the building's second floor. Landlord asked the court to dismiss the case without a trial, claiming that she...

Landlord Must Sue Tenant's Estate to Evict Deceased Tenant's Son

July 11, 2014    

Landlord sued to evict tenant's son, who was the sole beneficiary of deceased rent-stabilized tenant's estate. Landlord claimed that tenant's estate had breached a substantial obligation of the tenancy by...

Tenant Can't Vacate Settlement Agreement

July 11, 2014    

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant, represented by an attorney, signed a settlement agreement in court by which tenant waived any defenses, admitted...

Tenant Gets 80 Percent Rent Abatement for Uncorrected Violations

June 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed back rent for the period between January 2011 and November 2013. Tenant claimed that apartment conditions breached the warranty...