NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Trips Over Cement Bag in Building Lobby

February 8, 2013    

Tenant sued landlord for negligence after she tripped, while carrying an infant, over a cement bag that was used to prop open the vestibule door in the building's lobby. Landlord claimed that it wasn't...

Affidavit of Service Proves Court Papers Were Delivered

February 8, 2013    

Landlord sued to evict tenant for nonpayment of rent. Although he filed an answer in court using the housing court's preprinted form, tenant claimed that he never received a copy of landlord's notice of...

Landlord Not Responsible for Visitor's Slip and Fall

February 8, 2013    

Tenant's visitor sued landlord for negligence after he slipped and fell from the second step from the top of a staircase leading down to a basement apartment. The visitor was holding his 2-year-old son at the...

Landlord Gave Required Notice

February 8, 2013    

Landlord of trailer park sued to evict tenants who owned mobile homes in the park. Tenants asked the court to dismiss the case, claiming that landlord didn't comply with prerequisites of Real Property Law Section...

Prospective Tenant Awarded $10,000 in Damages

January 14, 2013    

The New York State Division of Human Rights (DHR) determined that landlord had discriminated against prospective tenant after refusing a commercial space to him and voicing his concerns about the race of his existing...

Tenant Can't Challenge Ruling in Federal Court

January 14, 2013    

Tenant sued landlord NYCHA in federal court, after landlord won an eviction case against tenant and tenant lost his appeal in state court. The federal court dismissed tenant's case. Federal courts don't have...

Tenant Didn't Prove Entitlement to Attorney's Fees

January 14, 2013    

Landlord sued to evict tenant in two separate proceedings. Tenant asked the court to dismiss the cases, claiming that landlord had abandoned them for more than a year. Tenant also asked for attorney's fees. The...

Tenant Can't Vacate Settlement Agreement

January 14, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $46,450 in back rent for the period between May 2008 and March 2011. Tenant claimed that the building had no...

Tenant Was Abusive to Building Staff

January 14, 2013    

Landlord sued to evict rent-stabilized tenant  for creating a nuisance. The court ruled for landlord. Tenant appealed and lost. Landlord showed through testimony that tenant was abusive to the building super...

Landlord Claims Tenants Fraudulently Avoided Luxury Deregulation

January 14, 2013    

From 2004 to 2008, landlord filed applications with the DHCR seeking luxury deregulation of tenants' rent-stabilized apartment. Landlord didn't file with the DHCR in 2009 or 2010, but instead sued tenants in...

Landlord Can Bring Nonpayment Case Against Month-to-Month Tenant

January 14, 2013    

Landlord sued to evict month-to-month tenant for nonpayment of rent. At the time of the trial, tenant argued that the case should be dismissed because there was no lease and landlord couldn't maintain a...

Landlord Can't Get Attorney's Fees from Section 8 Tenant

January 14, 2013    

Westchester County landlord sued to evict Section 8 tenant for nonpayment of rent. The court ruled for landlord, awarding possession, $5,000 in rent arrears, and attorney's fees totaling $1,340. Tenant then asked...