New York Law Journal: Realty Law Digest

June 2017

Scott Mollen analyzed the following cases in his weekly Realty Law Digest column in the New York Law Journal (subscription required):

  • June 28, 2017Lorne v. 50 Madison Avenue Condominium,” where the court held that a condo board was not responsible for repairs to structural defects in the plaintiff’s unit.

  • June 20, 2017Coliseum Tenants. v. Benmark,” where the petitioner's holdover proceeding for lease violation was dismissed because petitioner failed to prove that alterations to the respondent’s co-op had been done without board approval, and “364 93rd Street LLC v. Clementine,” where a landlord was awarded judgment of possession due to tenant's harassing conduct which the court found constituted nuisance.

  • June 13, 2017'Goldstein v. Lipetz,' a landlord-tenant case where although the majority found the defendant had "exploited the governmentally-conferred privilege of her rent-stabilized tenancy" by profiting from subletting her apartment through the company Airbnb, the dissent argued that "there is a question of fact as to whether defendant engaged in profiteering, or rather used Airbnb to enable herself to continue to live in her long time home, which would not be inconsistent with the purposes of the Rent Stabilization Law."

  • June 6, 2017: 'Building Service Local 32B-J v. 101 Limited Partnership,' 'Rent Stabilization Assoc. v. N.Y. City Rent Guidelines Board,' and 'Bank of America v. Lilly.'