NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Court Issues Administrative Order to Limit Court Processing to Essential Matters

April 24, 2020    

The Court issued an administrative order in light of the emergency circumstances caused by COVID-19, consistent with Gov. Cuomo's executive order suspending statutes of limitation in legal matters. Effective...

Did Rent-Controlled Tenants Waive Rights When They Agreed to Relocate?

April 24, 2020    

The daughter of deceased tenants complained to the DHCR that landlord refused to offer her a rent-stabilized renewal lease as a successor tenant after her mother died in 2014. She claimed that her parents were rent...

Tenant Never Gave Landlord Notice of Lead-Paint Condition Claim

April 21, 2020    

Tenant sued landlord, claiming that landlord was responsible for tenant's exposure to lead-based paint between 1992 and 1994. Landlord had co-owned the building with his father when tenant lived there. The court...

Did Landlord's Failure to Fix Shower Rod Bracket Cause Tenant's Slip and Fall?

April 21, 2020    

Tenant sued landlord for negligence after he slipped and fell while stepping out of a combined bathtub/shower in his apartment after taking a shower. Tenant claimed that the wet and slippery condition of the floor...

Court Vacates Default Judgment Against Section 8 Tenant

April 21, 2020    

Landlord sued to evict project-based Section 8 tenant for nonpayment of rent. Tenant didn't appear in court, so the court awarded landlord a judgment of possession and a money judgment for $2,683. Tenant later...

New Landlord Who Claims Overcharge Not Willful Must Produce Due Diligence Report

March 23, 2020    

Tenants sued landlord for rent overcharge while landlord received J-51 tax benefits for its building. Landlord claimed that it didn't willfully overcharge tenants because it relied on misrepresentations...

Court Revokes NYC Planning Commission's Approval of LES Skyscrapers

March 23, 2020    

Local community organizations, nonprofit groups, and residents of the "Two Bridges" neighborhood in Manhattan's Lower East Side (LES) filed an Article 78 court appeal, seeking annulment of the NYC...

Broker Was Entitled to 15 Percent Commission from Landlord

March 23, 2020    

Real estate broker sued landlord in small claims court after landlord failed to pay its commission for rental of an apartment. The court ruled for the broker and awarded $5,000 as the commission. Landlord appealed...

Condo Can Install Roof Protections on Neighboring Landlord's Roof

March 23, 2020    

A condominium building (the condo) sued neighboring landlord of next-door residential building (landlord) and asked the court to grant the condo access to landlord's building in order to install and maintain roof...

Tenant Claims Long-Standing Debris Caused Stairway Slip and Fall

March 23, 2020    

Tenant sued landlord for negligence, claiming that she slipped and fell on her apartment building stairway. Tenant said there was a repeated and long-standing hazardous debris condition, including chicken bones,...

1985 Lease Entitles Tenant to Attorney's Fees in Eviction Case

March 23, 2020    

Rent-stabilized tenant asked for attorney's fees as the prevailing party after the court dismissed landlord's holdover eviction proceeding against tenant. The court denied tenant's request for attorney...

New 90-Day Termination Notice Requirement Applied to Long-Term Tenant

March 23, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice, claiming that tenant was unregulated and had no lease. Landlord claimed that the apartment was unregulated because it was...