NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Co-op Gets Attorney's Fees

January 14, 2013    

Landlord cooperative corporation sued apartment shareholder for violation of her proprietary lease. Landlord claimed that shareholder failed to cure cat urine odors or to give landlord access to do so, in violation...

Occupancy Agreement Contained Unlawful Self-Help Eviction Provision

January 14, 2013    

Under the Veteran Affairs Grant and Per Diem Program, tenant moved into transitional housing for homeless female veterans that was managed by landlord not-for-profit organization. As a condition for the housing,...

Tenant Can't Get Attorney's Fees in HP Case

January 13, 2013    

Tenant brought an HP proceeding against landlord, seeking correction of building violations and conditions. The trial court dismissed the case and awarded landlord $93,000 in attorney's fees. Tenant appealed and...

Landlord Didn't Know Tenant's Dog Was Vicious

January 13, 2013    

A man sued landlord and tenant of a house owned by landlord after his son was bitten by tenant's dog. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed...

Tenant Can't Get Attorney's Fees

January 13, 2013    

Landlord sued to evict tenant for refusing to renew his rent-stabilized lease. The court ruled against landlord because it was undisputed that the renewal lease offered to tenant was not on the same terms and...

Landlord Not Required to Repair or Replace Tenant's Smoke Detector

January 13, 2013    

Tenant sued landlord for damages after a fire occurred in tenant's apartment. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord...

Termination Notice Improperly Delivered

January 13, 2013    

Landlord sued to evict tenant from project-based Section 8 housing. Tenant claimed that the 30-day tenancy termination notice was improperly delivered, so the case should be dismissed. The court ruled against...

Tenant Was Constructively Evicted

January 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the apartment was uninhabitable. The court ruled for tenant, finding that tenant was constructively evicted from April 1, 2008, through July...

Did Landlord Have Notice of Lead Paint Condition?

January 13, 2013    

Tenant sued landlord based on injuries to her child from lead-based paint in her apartment. They had lived in the apartment until the child was 2 years old. Tenant asked the court to find landlord liable without...

Landlord Withdrew Renewal Lease Offer Sent in Error

January 13, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had sent tenant a renewal lease offer during the window period, before sending the...

Tenant's Lease Barred Jury Trial

January 13, 2013    

Landlord sued to evict tenant. Tenant demanded a jury trial. The court ruled against tenant because tenant's demand was untimely. Tenant appealed and lost. But the appeals court ruled against tenant for a...

Tenant Burned by Water in Shower

January 13, 2013    

Tenant sued landlord for negligence after he was burned by water in the shower. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord....