New York Law Journal: Realty Law Digest

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

  • September 3, 2019: Scott discusses the landlord-tenant cases Fieldstone Capital v. Ryan & Conlon LLP, “56-11 94th St. Co. v. Jara, and “Rockaway One Co. v. Alston, and the foreclosure case “Deutsche Bank Nat'l Trust v. McDonnell.”
     
  • August 27, 2019: “St. Christopher's Inc. v. Forgione, where the court granted seller's motion to dismiss purchaser's counterclaims for, inter alia, breach of contract, fraud in the inducement, and implied covenant of good faith and fair dealing.
     
  • August 20, 2019: “Gerard Fox Law v. Vortex Group,” “Olowofela v. Olowofela,” and “Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates.”
     
  • August 13, 2019: Two landlord-tenant cases: “699 Venture Corp. v. Zuniga,” and “Edelstein LLC v. Connelly.”
     
  • August 6, 2019: “Matter of AIH Group v. C.J.F. & Sons,” which is of interest because the decision stated the conditions necessary to protect an adjoining property owner and many of these disputes—which have become very common in New York City—are resolved through negotiated agreements not available to the public. He also discusses the Landlord-Tenant case “186 Norfolk LLC v. Euvin,” and “Matter of Greentree Found. v. Mammin.”
     
  • July 30, 2019: “DiLorenzo v. Windermere Owners,” a case of interest because even with the recently enacted rent legislation which permits rent increases based on individual apartment improvements, parties, lawyers and courts will still need to address issues involving the burden of proof, evidence and appellate review.
     
  • July 23, 2019: “Omega SA v. 375 Canal,” a “novel” case where a watchmaker was awarded $1.1 million in damages against its landlord based on the landlord's contributory trademark infringement, and “Matter of C&B Realty #3, where the BZA's denial of an off-street parking variance was annulled for lack of substantiated evidence.
     
  • July 16, 2019: Scott discusses four landlord-tenant cases: “Warren LLC v. BBQ Chicken Don Alex Inc.,” “425 W. 153rd St. HDFC v. Brown,” “Sudimac v. Beck,” and “472-476 Columbus Ave. LLC v. Kretzu.”
     
  • July 9, 2019: “Dynamic Energy Solutions LLC v. Pinney,” a land use case involving New York's anti-“SLAPP” statute, and “295 Broadway Realty v. Alqushi,” a commercial landlord-tenant case where the court found that a corporate agent did not have personal liability based on his signature.
     
  • July 2, 2019: “Voron v. Bd. of Managers, Newswalk Condo,” where the court concluded that RPAPL §881 applies to 'real property' including condo units, and “Robinson v. Taube,” where the court found that the Administrative Code For harassment was inapplicable to the neighbor making loud noises.
     
  • June 25, 2019: “Council of Churches Housing Dev. Fund Co. Inc. v. Arlington Housing Corp.,” where the litigation involved a dispute over the direction and control of a limited partnership that was formed to own and operate a real estate investment, and “207-209 W. 107th St. LLC v. Doe,” a Landlord-Tenant case where the court found the tenant did not “commercialize the premises” with Airbnb activity.
     
  • June 18, 2019: “Allen v. Powers,' where a claim for private nuisance against a neighbor survived a motion to dismiss; and “Citibank v. Conti-Scheurer,” a foreclosure case where the court addressed the evidence required to establish prima facie compliance—and non-compliance—with RPAPL 1304.
     
  • June 11, 2019: “Segev v. 262 N 9 LLC,” dealing with a condominium boards' right of first refusal, and “Tres Realty LLC v. Yu,” where immigration status was found to be not dispositive in determining a family member's succession rights.
     
  • June 4, 2019: “Bank of New York Mellon v. Gordon,” where the Appellate Division, Second Department addressed foundation issues involving business records evidence in light of the “unprecedented spike” in foreclosure actions after the 2008 financial crises.
     
  • May 28, 2019: “Hernandez-Ortiz v 2 Gold, LLC”; “Westside Partners v. Ross,” and “Bedford Oak LLC. v. Hernandez.”
     
  • May 21, 2019: “Francis v. Kings Park Manor Inc.,” which dealt with a landlord's potential liability for a hostile living environment created by tenant-on-tenant racial discrimination.
     
  • May 14, 2019: “Kostro v. NYS Div. of Housing and Community Renewal,” “BPP ST Owner LLC v Nichols,” and “711 Seagirt Ave. Holdings v. Harris.”
     
  • May 7, 2019: “Bank of New York Mellon v. Dieudonne,” a case of first impression where the court held that de-acceleration of debt maturity is not a condition precedent to the acceleration of the mortgage, and “14th St. Owner LLC v. Westside Donut 6th Ave. Ventures LLC,” where the court held that a defendant that vacates the premises unilaterally and without consent continues to owe rent.
     
  • April 30, 2019: “Eastside Floor Supplies LTD v. Torres-Springer,” where the plaintiffs were not entitled to property that the city acquired via eminent domain, and “1606 First Realty v. Baltimore Rest. Inc.,” where a tenant showed entitlement to using a sidewalk hatch door as an appurtenance to the leased space.
     
  • April 23, 2019: “John T Walsh Enterprises LLC v. Grace Christian Church,” where the court cites Religious Corporations Law §12(9) to find a mortgage invalid.
     
  • April 16, 2019: “28th Highline Assocs. LLC v. Roache” and “206 West 80th Street LLC v. Julianna Morgan.
     
  • April 9, 2019: “Douglas Elliman v. Firefly Entm't,” where a brokerage's email with firms representing a celebrity was deemed an 'agreement to agree'; and “116 Waverly Place LLC v. Spruce 116 Waverly LLC,”  where the court granted summary judgment to building sellers.
     
  • April 2, 2019: “Matter of JNPJ Tenth Ave. LLC v. Dep't of Bldgs,” where a landlord's challenge to its liability for tenant's Airbnb use of the apartment was rejected because the landlord, with reasonable diligence, could have discovered the tenant's intent to sublet her apartment to transient users; and “Queens Neighborhood United v. N.Y.C. Dep't of Bldgs,” where a preliminary injunction to stop ongoing construction was denied because the petitioners failed to exhaust all remedies.
     
  • March 26, 2019: “Salzberg v. Sena,” where the defendants were granted $50,250 in damages for plaintiffs' unlawful tree removal and trespass; and “Vernon Manor Co-op Apts. v. Brisport,” where the tenant didn't have to pay a disproportionate late fee.
     
  • March 19, 2019: “Weng v. Zhao;” “N.Y.C. Hous. Auth. v. Joseph; Rossman;” v. “Windermere Owners,” and “Smith v. Okopomo.”
     
  • March 12, 2019: “NRP Holdings LLC v. City of Buffalo,” “Sam & Joseph Sasson v. Guy,” and “Vale Partners LLC v. Partlow.”
     
  • March 5, 2019: “Matter of Sanitation Garage v. Brooklyn District 3 & 3A,” “Bedik Corp. v Herrick Rd. Holdings,” and “58 Elizabeth NY LCC v. Ho Wou Bake Shoppe.”
     
  • February 26, 2019: “U.S. v. New York City Housing Authority,” where a consent decree reforming NYCHA was rejected by the court and held to be not fair, reasonable or in the public interest; and “Hoffman v. Village of Larchmont,” where the Village was denied dismissal of its tortious interference with contract claim.
     
  • February 19, 2019: “Riverwalk on the Hudson v. Culliton,” “Comm. United to Protect Theodore Roosevelt Park v. City of N.Y.,” and “Sokolow v. Neumann-Werth.”
     
  • February 12, 2019: “25-35 Bridge St. LLC v. Excel Auto. Tech Ctr. Inc.,” a commercial landlord-tenant case where the court denied equitable relief where the tenant failed to timely exercise the option to purchase; and “Maxwell Dev. v. France,” where the tenant’s affirmative misconduct warranted reduction of abatement.
     
  • February 5, 2019: “245 East 30th Street v. Alarcon,” where a rent-controlled apartment was given back to the landlord after it was found that it was not the tenant’s primary residence; and “Freeman v. City of N.Y.” where a claim based on an implied contract for the purchase of city-owned properties was dismissed.
     
  • January 29, 2019: “Matter of Peyton v. NYC Bd. of Standards and Appeals,” where the court held that an apartment tower’s roof garden could not be included in the open space ratio mandate embodied in the NYC zoning resolution.
     
  • January 22, 2019: “225 Huguenot St. Corp. v. Rwechungura,” and “de Socio v. 136 E. 56th St. Owners.”
     
  • January 15, 2019: “Vizel v. Vitale,” where a lease option to renew was found to be missing an essential element and therefore was held void and unenforceable; and “ABJ Milano LLC v. Howell,” where the respondent was determined to be a rent-stabilized tenant, not a licensee.
     
  • January 8, 2019: Three landlord-tenant cases: “U.S. v. 111 E. 88th Partners,” involving an apartment building’s no-dog rule where the landlord’s attorney was seen as a co-decisionmaker as to permission for the tenant to have a support dog thus waving the privilege; “Cashew Holdings v. Thorpe-Poyser,” where the court held the landlord may not collect rent when the building lacked a certificate of occupancy, and “WFCC Realty v. Lin,” where it was held that landlords must still establish substantial rehabilitation by adequate documentation even though such requirements were relaxed under DHCR’s Operational Bulletin 95-2.
     
  • December 31, 2018: “OneWest Bank N.A. v. FMCDH Realty,” where the court held a reverse mortgage’s CAA was never a negotiable instrument and the bank was not a holder in due course.
     
  • December 24, 2018: “Trust v. Roskell,” where the court found issues of fact to exist as to whether property owners have a matured prescriptive easement.
     
  • December 18, 2018: “Board of Managers of 184 Thompson Street Condominium v. 184 Thompson Street Owner,” a condominium conversion case involving the adequacy of a reserve fund; and “Matter of Partman v. NYSDHCR,” where the tenant was granted reversal of DHCR’s decision granting owner MCI rent increases.
     
  • December 11, 2018: “Matter of Real Estate Bd. of N.Y. v. City of New York,” where the court upheld NY Local law No. 50 which limits conversions of some Manhattan hotels, and “560-568 Audubon Tenants Ass’n v. 560-568 Audubon Realty,” where the court found DHCR better suited to resolve overcharge rent regulation claims.
     
  • December 4, 2018: “Via Port New York v. Sears,” where the court held that Sears did not breach its lease terms or contract when it closed its mall store; and “Forest Enter. Mgmt. Inc. v. The county of Warren,” an eminent domain action, where the county incurred an independent obligation to pay just compensation.
     
  • November 27, 2018: “273 Lee Avenue Tenants Ass’n v. Steinmentz,” where issues of fact existed as to whether the landlord’s actions were motivated by discrimination; and “Matter of Healy v. Town of Hempstead Bd. of Appeals,” where a board of appeals’ SEQRA declaration was found fatally flawed, vacating the board’s determinations.
     
  • November 20, 2018: “Milone v. US Bank Nat’l Ass’n,” where the court held notice did not establish the bank’s standing to de-accelerate the prior mortgage payment demand, and “Webster Ave. Holdings v. Pough,” where the tenant was awarded partial summary judgment on a laches defense.
     
  • November 13, 2018: Three cases: the landlord-tenant case “Morris v. Morris,” where the court found that a familial relationship required dismissal of the licensee proceeding and that an adoptive or biological relationship is irrelevant; “101 W. Owner I LLC v. 715-723 Sixth Ave. Owners Corp.,” which involved a special proceeding to confirm an appraisal award arising from a rent reset proceeding, and “Plotch v. Wells Fargo Bank,” where the court rejected the plaintiff’s claim that he lacked notice based on the notary’s illegible signature.
     
  • November 6, 2018: Two Land Use cases: “Churches United for Fair Housing, Inc. v. DeBlasio,” where the court held that municipalities are not obligated to conduct racial impact studies when they rezone property; and “LuxuryBeachfrontGetaway.com, Inc. v. Town of Riverhead,” where in a lawsuit over town law, rental properties were properly found not to be ‘dwellings’ under FHA.
     
  • October 30, 2018: Three landlord-tenant cases: “525 Delaware LLC v. Krush,” “498 W. End Ave. LLC v. Reynolds,” and “Matter of Garcia.”
     
  • October 23, 2018: The adverse possession case “Children’s Magical Garden v. Norfolk St. Dev.,” and the landlord-tenant case “3175 GC LLC v. Basey-Goodison.”
     
  • October 16, 2018: “Cruz v. Seward Park Housing Corp.,” where the court addressed reasonable attorney fees, stating that in this case, $464,164 in legal fees could be viewed as “shocking and disturbing—highway robbery without a six gun.”
     
  • October 9, 2018: Three landlord-tenant cases: “Landucci v. de la Rosa,” “Edwards v. N.Y.C. Hous. Auth.,” and “Capital 155 E. 55th v. Garden House School of N.Y.
     
  • October 2, 2018: The adverse possession case “Yee v. Panousopoulos,” the landlord-tenant case, “Matter of Tejada,” and the foreclosure case “Courchevel 1850 LLC v. Stern.”
     
  • September 25, 2018: “Matter of Stahl York Ave. Co. v. City of New York,” where it was held that a buildings’ inclusion in FAE landmark designation was not an unconstitutional taking.
     
  • September 18, 2018: “Sanjana v. King,” where the sellers were entitled to keep the deposit where the buyers failed to obtain a mortgage commitment and timely cancel the contract; “230 E. 48th St. LLC v. Campisi,” where the court found that by renting her stabilized apartment through Airbnb, the tenant “commercialized her apartment” and treated it as a de facto hotel; and “E. Midtown Plaza Hous. Co. v. Gamble,” where the landlord established entitlement to summary judgment of possession of the subject apartment based on illegal use of the premises.
     
  • September 11, 2018: Two landlord-tenant cases: “Park N. Realty v. Cheik,” where the court dismissed a claim for possessory judgment based on laches, and “Matter of Sung v. Jiha,” where tenants defeated NYC Department of Finance’s effort to recoup DRIE credits.
     
  • September 4, 2018: Two commercial landlord-tenant cases: “325 E. 14th St. Corp. v. Marie France Realty,” where neither party was a “prevailing party”; and “D’Jesus Rest. Corp. v. 1133 Boston Rd. LLC,” where the court held that the landlord did not tortiously interfered with tenant’s sale of her restaurant.
     
  • August 28, 2018: “Pastreich v. Pastreich,” where the plaintiff was required to pay a “modest shortfall” in addition to substituted properties to a trust in order to regain title to a building, and “Rosen Associates v. Suburban Props.” where the court held that a real estate broker was not entitled to commission on a lease with which it was not involved.
     
  • August 21, 2018: “Stavinsky v. Prof-2013-S3 Legal Title Trust by U.S.,” a foreclosure auction case where the court held that sale terms required the assignee of the winning bidder to pay the prior tenants’ maintenance arrears; and “Hua Hong Industrial v. Diaz” where the landlord was held to have violated AC §27-2005(d) by commencing baseless proceedings against the tenant.
     
  • August 14, 2018: “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one’s apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.
     
  • August 7, 2018: Two landlord-tenant cases: “Alston v. Starrett City Inc.” and “Brookdale Vill. Hous. Corp. v. Garcia,” and the land use case “Matter of De Francesco v. Perlmutter.”
     
  • July 31, 2018: “Luce v. Fleck,” where an engagement ring was held to be a conditional gift entitling ex-fiance to have the ring returned or the value of the ring; and “OLR ECW LP v. De Abreud,” where a tenant’s refusal to recertify and cure the default granted the landlord summary judgment.
     
  • July 24, 2018: Two commercial landlord-tenant cases: “154-7th Ave. Chelsea, Inc. v. Ballaghaderreen,” and “Franpearl v. Orenstein,” and an Article 78 case “The Grand 73 LLC v. N.Y.C. Hous. Pres. & Dev.
     
  • July 17, 2018: “Bistro Shop and Penny Bradley v. N.Y. Park N. Salem, Inc.,” where a commercial restaurant tenant was found entitled to rescission where the owner was still doing construction work almost a decade After commencement of the lease.
     
  • July 10, 2018: The brokerage case “106 N. Broadway LLC v. Houlihan Lawrence” dealing with fiduciary duties, and the landlord-tenant case “Faber v. Loft 14 Condominium” where a tenant thwarted the landlord’s efforts to abate violations.
     
  • June 26, 2018: “Cohoes Hous. Auth. v. Doe,” where an eviction was found to be a “grossly disproportionate consequence,” in light of sensitive circumstances; and “Paige v. New York City Housing Authority,” where the court cited “appalling bureaucratic malfeasance” where it was found that NYCHA failed to conduct lead paint inspections and remediation.
     
  • June 19, 2018: The land use case “Brooklyn Ass’n v. N.Y.S. Urban Dev.,” where an Article 78 proceeding challenging the Brooklyn Pier 6 Project was dismissed, and a landlord-tenant case “N.Y.C. Hous. Auth. v. Various Tenants,” where sanctions were imposed on NYCHA for wrongfully suing tenants based on “overlapping rent claims.”
     
  • June 12, 2018: “Saunders Ventures v. Morrow,” “Estate of Parisi,” and “In re Jian Min Lei v. NYC Department of Housing Preservation and Development.”
     
  • June 5, 2018: Two landlord-tenant cases: “DD 11th Ave. LLC v. Sans,” a fraud case, where a tenant obtained a low-income apartment by understating his income, and “Matter of Jourdain v. N.Y.S. Div. of Housing & Cmty. Renewal” dealing with succession rights.
     
  • May 29, 2018: “159 MP Corp. v. Redbridge Bedford,” which involved an appeal by commercial tenants in an action for a judgment declaring that two long term commercial leases are in full force and effect and that the tenants are not in violation of their obligations under the leases. A trial court had denied their motion for a Yellowstone injunction…and granted the landlord’s cross motion for summary judgment dismissing the complaint.
     
  • May 22, 2018: Two landlord-tenant cases: “N.Y.C. Hous. Auth. v. Gilbert” and “People v. McCullum.”
     
  • May 15, 2018: “NRT New York v. Spell,” where an arbitration award denying a brokerage commission was vacated as being arbitrary and violative of public policy.
     
  • May 9, 2018: The landlord-tenant case “West Village Houses Renters Union v. WVH Housing Development Fund,” and the environmental law case “U.S. v. Whitehill.”
     
  • May 1, 2018: Three landlord-tenant cases: “Champagne v. Piller,” “W. Haverstraw Pres. v. Diaz,” and “Kuzmich v. 50 Murray St. Acquisition.”
     
  • April 24, 2018: “Madison Sullivan Partners v. PMG Sullivan St.” where a complaint alleging mismanagement of real estate development was dismissed based on exculpatory clauses in the operating agreements, and “Lorenz v. Soares,” an adverse possession case where a motion to amend the complaint to add a cause of action “for precise location” was dismissed.
     
  • April 17, 2018: “Emigrant Bank v. Rosabianca,” where the court found no meritorious defense to a foreclosure action.
     
  • April 10, 2018: “Ambase Corp. v. 111 W. 57th Sponsor LLC,” a case which illustrates the importance of carefully negotiating the terms of joint venture agreements.
     
  • April 3, 2018: Three cases: “Cambridge Leasing Prop. v. Ortega,” “Mogul Media Inc. v. City of New York,” and “74-78 Post Ave. Heights Assoc. v. Reyes.”
     
  • March 27, 2018: “884 Madison Street LLC v. Aurello and Tsivicos,” where the court found the subject premises were not subject to rent stabilization because the petitioner established by a preponderance of the evidence that a substantial rehabilitation of the building had been performed, and “Matter of O’Connor and Sons Home Improvement v. Acevedo,” where a Zoning Board of Appeals’ denial of variances was annulled.
     
  • March 20, 2018: “Matter of Adirondack Tri-County Nursing & Rehab. Ctr.,” and “Matter of Prometheus Realty v. New York City Water Board.”
     
  • March 6, 2018: Three landlord-tenant cases: “Klaynberg v. Dibrienza,” “Second Lenox Terr. Assn v. Washington,” and “Feldheim v. Stuckey.”
     
  • February 27, 2018: The landlord-tenant/nuisance case “Strata Realty Corp. v. Pena,” where the tenant had a long history of making complaints and therefore a notice to cure was not required where it would have been “a futile act,” and “Matter of Save America’s Clocks Inc. v. City of New York,” where the appellate court ruled on the proposed conversion of an interior landmark into a private residence.
     
  • February 20, 2018: “Weiss v. Phillips,” where the court held that a mortgagee’s interest was not voided because the mortgagors had acquired the property by fraud.
     
  • February 13, 2018: “92 Cooper Assn. v. Roughton-Hester,” “BR 31 LLC v. Landess,” and “Matter of New Creek Bluebelt, Phase 3, Baycrest Manor Inc. v. City of New York.”
     
  • February 6, 2018: “Fleetwood Commons Inc. v. Fredericks,” where the court held under the business judgment rule that a co-op board’s determination to terminate the proprietary lease was within the scope of its authority, and “90 Elizabeth Apt. v. Eng,” a landlord-tenant case where the court found for the tenant, holding that unlike under rent stabilization, an occupant entitled to succession to a rent-controlled tenancy has no affirmative obligation to do anything to assert his or her claim.
     
  • January 30, 2018: Two landlord-tenant cases: “Wheeler Ave. Laundry v. Modern Yonkers Realty,” and “Pinchback v. Foreman.”
     
  • January 23, 2018: “Free People of PA LLC v. Delshah 60 Ninth LLC,” a commercial landlord-tenant case stemming from a landlord delivering premises approximately one year late. Neither side was a prevailing party.
     
  • January 16, 2018: “Lumiram Dev. v. Empire State Crossfit,” and the land-use case “Committee for a Sustainable Waterfront v. Planning Board of The City of Glen Cove.”
     
  • January 9, 2018: “The Art Factory v. 740-748 Hicks Realty,” where a tenant asserted the landlord failed to cooperate to legalize the building. The court found that the tenant failed to meet the criteria for a CPLR 6301 preliminary injunction.
     
  • January 2, 2018: “Matter of the Home of The Sages of Israel,” a case that illustrates the types of disputes which are occurring throughout the country among factions of religious congregations with respect to proposed sales of congregational properties.
     
  • December 19, 2017: “Motta v. Sheehan,” a landlord-tenant case where the court restored the petitioner to possession of the premises after the receiver illegally evicted her without a judgment of possession and warrant of eviction.
     
  • December 12, 2017: “S.B.H. Realty v. Santana,” where the court held that a defective predicate notice cannot serve as a basis for a holdover suit, and “O’Reilly v. Incorporated Village of Rockville Centre,” where the court, noting strong community opposition, granted the enforcement of a village’s moratorium.
     
  • December 5, 2017: “Divya Dham Sevashram Sangha v. Gita Temple-Ashram,” a case of interest since so many religious institutions have elected to sell their properties because they cannot afford to operate, repair and maintain them and these organizations often need the sale of proceeds in order to continue and expand their religious mission.
     
  • November 28, 2017: “Matter of the Application of the City of N.Y.,” a case of interest given the importance of the “project influence rule” and the proliferation of developments which utilized transfers of air rights.
     
  • November 21, 2017: “418 West 130 Street,” and “1035 Washington Realty v. Weston.”
     
  • November 14, 2017: “Gennarelli v. Cherkovsky, Elton Owner v. Payne, and Zandieh v. Polkosnik.”
     
  • November 7, 2017: “Primer Construction v. Empire City Subway Company,” a construction case where a contractor sued a utility company to recover the costs of construction and “Hudson City Savings Bank v. Woodard,” dealing with a residential foreclosure action.
     
  • October 31, 2017: “Jovic v. Blue,” “Liev v. Jones,” “Ciampa Bell v. Han,” and “Leonard H. Shapiro Revocable Living Trust v. Achenbaum.”
     
  • October 24, 2017: “Nick and Duke v. New York Housing Preservation,” where it was held that a housing agency’s failure to ensure notice constituted a Due Process Claim.
     
  • October 17, 2017: “Hahn v. Hagar” where the court held that development rights are considered ‘real property’ under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.
     
  • October 10, 2017: “Pelham 1130 v. Cause” and “Cece & Cov. U.S. Bank.”
     
  • October 3, 2017: “36 East 20th Str. Realty v. Parea Group,” where a landlord’s knowledge of its tenant’s installation flagpole led to the dismissal of an eviction proceeding, and “Westbury Senior Living v. Clements,” where the court held that the assisted care facility at issue could not use a special proceeding to sue guarantors.
     
  • September 26, 2017: “New Whitehall Apartments v. S.A.V. Associates,” “884 Riverside v. Zelaya,” “659 Ocean Realty v. Tuckett,” and “Wilmington Trust v. Morgan Stanley.”
     
  • September 21, 2017: Three cases “161 Holding v. Goris,” “Herrmann v. Coletti,” and “90 Elizabeth Apt. LLC v. Eng.”
     
  • September 13, 2017: “Omabegho v. The Corcoran Group,” where the court held that a broker has no duty to investigate, but if he has information about a tenant’s poor history, he has a duty to fully disclose it; and “Islamic Comm. Center for Mid Westchester v. City of Yonkers Landmark Preservation Board,” where the court ruled that an as-applied challenge to a landmark resolution was not ripe for adjudication.
     
  • September 5, 2017: “Greene v. Carson,” where HUD was only partly granted judgment in an action over denial of continued Section 8 subsidy and “Capital One v. Karp,” where application of the doctrine of equitable mortgages warranted permitting reformation of CEMA.
     
  • August 29, 2017: “Lavi v. Assa,” where a temporary receiver was appointed, as plaintiff might have lost equity interest in the subject property.
     
  • August 22, 2017: “221 Middle Neck Owners Corp. v. Paris,” where the subject petition was held to satisfy RPAPL §741 as it stated a claim for a summary holdover for violating the lease, and “Lana v. Monroe,” where a tenant’s diligent effort to secure funding to pay arrears warranted restoring her possession.
     
  • August 15, 2017: “Portofino Realty Corp. v. N.Y. State Division of Housing,” where the court held that the creation of the Tenant Protection Unit does not deprive landlords of Due Process.
     
  • August 8, 2017: “Taylor v. 72A Realty Assoc.,” involving a tenant’s allegations of fraud over apartment improvements for an apartment that was improperly deregulated, and “Statler v. Dioguardi,” involving a Yellowstone injunction and constructive eviction allegations.
     
  • August 1, 2017: Three landlord-tenant cases—“408 St. John’s Place v. Estate of Bartholomew,” “The Grove v. Suquilanda,” and “Prospect Union Associates v. DeJesus,” and a Toxic Substances Control Act case— “USA v. Accolade Construction Group.”
     
  • July 25, 2017: “Reinhard v. Connaught Tower Corp.,” where a judgment of liability against a co-op board based on second-hand smoke was reversed by the Appellate Division which found that the source of smoke was never identified and the plaintiff only stayed in the apartment occasionally, and “One Eighteen Housing Development Fund v. Smith,” where a holdover petition failed to state causes of action under two of three lease sections.
     
  • July 18, 2017: “541 Union v. Rivera,” where a tenant was awarded succession of tenancy where he was able to prove he was a “non-traditional” family member, and “279 E 92nd Street Corp. v. Grose,” where the landlord failed to show a default so unjustified as to warrant a finding of violation of tenancy.
     
  • July 12, 2017: 159-MP Corp. v. CAB Bedford,” where the plaintiff/lessor of a Food Town grocery store failed to get an injunction against the landlord of a Whole Foods store opening up nearby.
     
  • July 3, 2017: Oren Apartments v. Torres,” where a split authority on deregulation was resolved, and '415 Realty v. Abel Campos,” where a defendant wife succeeded to tenancy when it was found that the landlord was aware that the husband had permanently vacated the premises.
  • June 28, 2017: Lorne 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, 2017: Coliseum 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.”
  • May 30, 2017: Hendel v. Torah,” where the court found that the subject tenants no longer maintained a right of first refusal in their lease as month-to-month tenants, and 'Royal Park Investments v. HSBC Bank,” where the court denied the use of sampling of loans to prove liability.
  • May 23, 2017: Rinaldi v. Anchorage Construction,” where the court granted a non-party's motion to intervene in a breach of contract action.
  • May 16, 2017: Hagman v. Swenson,” dealing with an interior design contract viewed as a ‘mixed' transaction of a sale of goods and sale of services, and ‘River Park Residences v. Reed,” where the court denied a motion seeking an order restoring tenants to possession of premises.
  • May 9, 2017: 2 Perlman Drive v. Stevens,” where the court denied the landlord's motion for possession, without prejudice, where the tenant refused access to exterminate for bedbugs, and "Chatham Square Owners v. Roth," where a landlord's holdover proceeding based on respondent's status as a licensee was dismissed.
  • May 2, 2017: 7825 Realty Associates v. Doll,” where the respondent’s succession claim was rejected because the court did not find evidence that he was a non-traditional family member, and “CP JBAM Holdings v. Shapiro,” a contract case where it was held that the agent for the principal was not liable for the owner's obligations under the agreement.
  • April 25, 2017: “Horrigan Development v. Drozd,” 'Jit v. Johnson' and '21-25 Convent Avenue Realty v. Semper.”
  • April 18, 2017: Three landlord-tenant cases: “H.W. Hinkley Realty v. Romulus,” “121 Irving MGM v. Perez," and “Roc-Jane Street v. Riffon.”
  • April 11, 2017: 204 Columbia Heights v. Manheim,” where a lease combining apartments was held to be valid.
  • April 4, 2017: 149 St. LLC v. Siciliano,” 'Boreland v. Blackwood,” and '5510 345 Lefferts Blvd v. Jean-Baptiste.”
  • March 28, 2017: Kwai & Wong v. Hodges,” where a single fire incident by a tenant in the premises did not constitute a nuisance, and “Bartis v. Harbor Tech,” where it was held that housing accommodations that are in a building converted from a commercial to a residential building after Jan. 1, 1974, are exempt from rent stabilization.
  • March 21, 2017: Miller v. Falco,” where an unlicensed home improvement contractor was held not able to recover on claims for breach of contract, quantum meruit or unjust enrichment, and “Estrada v. Browand,”where a tenant was restored possession of the subject apartment after the landlord's actions where held to constitute an illegal lockout.
  • March 14, 2017: Rehabilitation Support Services v. Town of Esopus,' where a zoning board's finding was held not to constitute a final decision on the proposed residence at issue.
  • March 8, 2017: 11-01 36 Avenue v. Quamar,” dealing with time-of-essence letters, and “Roger Morris Apt. v. Varela,” where a factual dispute barred summary judgment.
  • February 28, 2017: Klyczek v. Shannon,” a civil rights case dealing with discrimination and the definition of "single-family house” under the Fair Housing Act.
  • February 21, 2017: WDF v. The Trustees of Columbia Univ.,” where the court held that "no damage for delay” clauses are generally enforceable, while also discussing the exceptions to this rule.
  • February 14, 2017: Matter of Peralta v. N.Y. State Division of Housing and Community Renewal,” where a deputy commissioner's determination was held to be an abuse of discretion, and “Hildred Temple v. Hudson View Owners,” where the court dismissed disabled plaintiffs' complaint alleging entitlement to two parking spaces.
  • February 7, 2017: Schroder & Strom v. Vazouras,” where the court found that the mere filing and settling of tax assessment claims was not the practice of law, and “'Rios v. Rosado,” where tenants were granted disclosure beyond the four-year look back period in a nonpayment suit.
  • January 31, 2017: Pureform v. 2374 Concourse Assoc.,” where a commercial tenant who was able to show an ability to cure its defaults was granted a Yellowstone injunction, and “Matter of Brown, HP,” where the court denied a motion to appoint an Article 7A administrator.
  • January 24, 2017: Waterview Towers v. 2610 Cropsey Development,” where a cooperative housing corporation was held to have established the required elements of adverse possession.
  • January 17, 2017: “Goldman v. Bracker,” where a tenant was granted additional time to view video surveillance tapes in a non-primary residence case, and “St. Joseph Immigrant Home v. Bulong,” where the duration of the tenants' efforts to relocate was held to be not unreasonable.
  • January 11, 2017: “Garson v. Tarmy,” where an easement reserved to owners of dominant lots was held not to have created an express easement , and “Westbeth v. Gross,” where it was held that the respondent in the case could not occupy the subject premises in an individual capacity.
  • January 3, 2017: Skanska USA Building v. Atlantic Yards B2 Owner, LLC,” where a “guarantee” posted by a high-rise's builder was found to meet Lien Law §5's “undertaking” requirement.
  • December 28, 2016: Metro Sixteen Hotel v. Davis,” where a tenant was permanently enjoined from filing further lawsuits without court approval, and “Partita Partners v. USA,” where a $4 million deduction based on a preservation easement was held not authorized under §170(h)(4)(B).
  • December 21, 2016: Hamilton 65th Partners v. Smallbone,” where a landlord was judicially estopped from seeking holdover rent, and “700 Bklyn Realty v. Forsythe,” where a tenant who established a colorable claim of fraud and was granted discovery beyond the usual four-year look-back period.
  • December 13, 2016: Matter of Village of South Blooming Grove v. Village of Kiryas Joel Board of Trustees,” where the court upheld Kiryas Joel's annexation of 164 acres from the town of Monroe.
  • December 6, 2016: Aponte v. N.Y. City Housing Authority,” where tenants were granted a directed verdict on NYCHA's liability in failing to eradicate a bedbug issue.
  • November 29, 2016: Pfeffer v. N.Y. City Depart. of Finance,” where class certification granted in ADA suit over rent freeze program's administration by agency; and Houdek Real Estate Co. v. Bayport Postal Realty,” where a landowner's adverse possession claim failed, but its prescriptive easement assertion was allowed to proceed.
  • November 22, 2016: Dolomite Products v. Town of Ballston,” where a challenge to a zoning decision was held not 'ripe' because the final decision on the underlying project was never issued.
  • November 15, 2016: Old Country Road Realty v. Zisholtz & Zisholtz,” where the court rejected a tenant's claim of five percent late fee as usurious, granting the landlord summary judgment; and “Women in Need, Inc. v. Allen,” where the respondent was granted vacatur of judgment in a non-payment proceeding.
  • November 8, 2016: East Village Re Holdings v. McGowan,” “City Club v. Park Trust,” and “NSA 2015 Owner v. Frederick.”
  • November 1, 2016: Thurston v. Sisca,” “Morgan Stanley Mtge. Loan Trust v. Morgan Stanley Mtge. Capital Holdings,” and “Cushman & Wakefield of Connecticut v. Access Private Duty Services.”
  • October 25, 2016: RSP 100 Property LLC v. Brant,” where nuisance allegations made to justify terminating a landlord/tenant relationship were held unproven; and “Deutsche Bank v. Flagstar Capital Mkts,” where the court held that a 2015 Court of Appeals ruling mandated dismissal of a 2014 breach action as time-barred.
  • October 18, 2016: Three landlord-tenant cases: “Pena v. Lockenwitz,” “ROC Century Associates v. Papavasiliou,” and “1120 Bergen Street v. Beckford.”
  • October 11, 2016: Cases involving the fiduciary duty owed by tenants-in-common, the requirements of a notice of non renewal based on a landlord's assertion he was recovering the subject apartment "for the use and occupancy of himself and his immediate family," and the impact of a subsequent amendment to a land use code during an appeal.
  • October 4, 2016: Garry v. Ryan & Henderson, P.C.,” where the court found issues of fact existing as to whether a landlord promptly repaired premises' parking garage; and “Matter of City of New York v. 2305-07 Third Ave., LLC,” where an EDPL Article 4 Eminent Domain Proceeding for certain Harlem parcels was held timely brought by the city.
  • September 27, 2016: Congel v. Malfitano,” where the court dealt with determining the value of a partnership interest post dissolution; and “Colleen & John Austin v. Town of Farmington,” where a fair housing claim was revived in a property restoration suit.
  • September 20, 2016: “Graham v. 420 East 72nd Tenants Corp.,” '729 Prospect Realty Service Corp. v. Rodriguez,” and “Fuller v. 79 Hamilton Place Housing.”
  • September 14, 2016: Jack Kelly Partners v. Zegelstein,” where the Appellate Division ruled on issues of fact as to frustration of purpose, recission and breach of contract.
  • September 7, 2016: N.Y. City Construction v. Morgenstern Bros. Realty,” where the court granted tenant a Yellowstone injunction, finding the landlord’s assertions “speculative"; and “Oceanview Manor Home for Adults v. Vargas,” where the Housing Court was found to have jurisdiction over the termination of an SSL facility resident.
  • August 30, 2016: Roger Morris Apt. Corp. v. Varela,” where a factual dispute barred summary judgment and failure to show 'ample need' led to a denial of discovery; and “Matter of Shilian v. All Sons Electric Corp,”where a contractor showed good cause to allow the court to extend a mechanics' lien nunc pro tunc.
  • August 23, 2016: Three landlord-tenant cases: “Git Leb, LLC v. Golphin,” “IA2 Service LLC v. Quinapanta,” and “135 W. 13, LLC v. Judith Stolerman,” and a contract case, “Wang v. Martinez.”
  • August 16, 2016: Kosciuszko Plaza v. N.Y. City Department of Housing Preservation and Development,” where an owner's petition challenging HPD's denial of J-51 tax benefit application was held time-barred, and “61 West 37th Street LLC v. Senevi,” where a landlord was held not to be entitled to an assignment fee.
  • August 9, 2016: Recent cases, including one where a co-op requested its insurer pay for structural work needed to bring the building into compliance with codes, asserting that because the need for those repairs was discovered during water damage remediation, which was covered, the structural work should be covered by the policy's “Blanket Ordinance or Law Coverage Endorsement.”
  • August 2, 2016: Chateau Owners Corp. v. Monahan,” where a co-op sought to terminate a tenant's lease because the tenant had allegedly made plumbing modifications without the co-op's permission; and 'Green Tree Servicing v. Christodoulakis,” where prejudgment interest was awarded on an unjust enrichment claim.
  • July 26, 2016: Kimso Apartments v. Mateo,” where a landlord failed to establish that harboring pit bulls was a “hazardous act”; and “Tomic v. 92 East LLC,” where plaintiffs failed to demonstrate that the current owner knew that the prior owner unlawfully deregulated the apartment.
  • July 20, 2016: 805 Car Wash v. Lichter,” where a lease's proposed assignee was held to lack standing to assert a claim against the landlord of a car wash over an allegedly wrongful and unreasonable refusal to grant consent to assign the business; and Tomic v. 92 East LLC,” where tenants were found entitled to summary judgment in an overcharge suit.
  • July 13, 2016: HSBC Bank v. Zair,” where a mortgagee bank could not be forced to accept ownership of a home destroyed by Superstorm Sandy; and “Yashar Foundation v. Schwatzman,” where a non-profit was denied summary judgment in a holdover proceeding to recover possession for own use.
  • July 6, 2016: Step By Step, Inc. v. City of Ogdensburg,” where the court found that animus against the disabled was a significant factor in the city's decision to deny a zoning application; and “Galanova v. Safir,” where justices dismissed a co-op tenant's defamation suit.
  • June 29, 2016: 1301 Properties v. Abelson,” where ex-Dewey partners were spared liability for lease payments.
  • June 22, 2016: Colin Realty v. Manhasset Pizza,” where the court found that the defendant did not have any “easement, license, occupancy rights, or other right of access over the plaintiff's real property,” and “AR v. GR” where a Referee ruled that the asking price for the subject home was unrealistically high following Super Storm Sandy.
  • June 15, 2016: Picaro v. Pelham 1130,” where the NYC Department of Buildings was released from liability for violation of ADA and Fair Housing Act in relation to a landlord shutting down an elevator.
  • June 8, 2016: Flushing LLC v. 33 Development,” where the court found that a binder to a contract was only an agreement to agree, not a binding contract as some material terms were missing, and “Dormitory Authority v. Samson Construction,” where breach of contract and negligence claims against architects were allowed to proceed where the project was found to be "so affected with the public interest that the failure to perform competently can have catastrophic consequences.”
  • June 1, 2016: Soundings v. Foerster,” which held that a condo may sue to rescind a unit whose buyer hid her intent to use the unit as a day care center, and “Andrews v. Acacia,” where a drug facility resident was afforded due process by the court.
  • May 25, 2016: Terzo v. 33 Fifth Avenue,' where transfer of a co-op to the deceased shareholders's sons was upheld, and “Israel Realty v. Shkolnikov,” where the court found that even if certain work done to an apartment was mandated by law, it can still be the basis of a constructive eviction claim by the tenant.
  • May 18, 2016: 78 Havemeyer v. Abuzaid,” “Mansfield Owners v. Phillip,” and “JP Morgan Chase v. Barbara.”
  • May 11, 2016: Reinhard v. Connaught Tower Corp,” where the court granted a co-op owner 100 percent abatement on a constructive eviction claim for smoke infiltration; and “West 97th St. Realty Corp. v. Aptaker,” where a tenant was denied dismissal of a holdover eviction petition.
  • May 4, 2016: Rebenwurzel v. Swieca,” where the court denied summary judgment to a real estate broker seeking a brokerage commission.
  • April 27, 2016: Lafayette Boynton v. Pickett,” where the court upheld a decision to return a disabled tenant to his apartment after the execution of a warrant for eviction.
  • April 20, 2016: BDS Associates v. QI Song Lin,” which dealt with the issue of primary residence, and “NRI Group v. Crawford, where a landlord was barred from harassing “three-quarter house” tenants.
  • April 13, 2016: MB Property Group v. Church & Swan Properties,” where a real estate broker provided sufficient proof of an implied agreement, allowing him to receive a commission.
  • April 6, 2016: Gomez v. Rossrock,” a landlord-tenant case where the tenants fraudulent overcharge claim was dismissed, and “385 Bayview v. Warren,” a holdover proceeding where it was found that the landlord did not waive the holdover petition by accepting rent between the time of the service of the notice of termination and service of the petition.
  • March 30, 2016: “Dormitory Authority of the State of New York v. Roman Catholic Church of Saint Ignatius,” involving easement by implication, where a school’s motion to enjoin an adjacent development failed, and “Wells Fargo Bank v. Pena,” where an action was stayed pending a decision in a New Jersey proceeding.
  • March 23, 2016: Basis Yield Alpha Fund Master v. Morgan Stanley,” where the First Department found that reasonable reliance was sufficiently pleaded in support of plaintiff's fraud and fraudulent concealment causes of action, thus affirming the denial of the underwriter's motion to dismiss, and “Yorkroad v. Corrigan,” where a tenant was granted significant rent abatements for the landlord's failure to remedy leaks.
  • March 9, 2016: Spartan Diner v. Patsalos,” where a complaint alleging breach of contract was dismissed, and “Purifoy v. Walter Investment Management Corp.,” where the court allowed a breach claim against a mortgage servicer to survive.
  • March 2, 2016: NRP Holdings v. City of Buffalo,” where a developer's promissory estoppel claims in a suit over a failed housing project survived dismissal, and “Hempstead Housing Authority v. Moorer,” where the court ruled that the loss of home and the right against self-incrimination were more important than prejudice to the landlord.
  • February 24, 2016: Septimus v. Village of Lawrence,” “Sedgwick v. Cruz,” and “Manning v. Forest.”
  • February 17, 2016: Thor 725 8th Avenue v. Goonetilleke,” where the court granted the landlord judgment on a guaranty breach claim, and a reduced attorney fee award was found to be warranted.
  • February 10, 2016: BT Holdings v. Village of Chester,” where, finding no attorney-client relationship in an Article 78 proceeding, the lawyer and firm were not disqualified, and “Olivero v. NYCHPD,” where a succession claim to a New York City apartment was overturned.
  • February 3, 2016: Baez v. NYCHA,” dealing with a class action alleging NYCHA's failure to abate mold and excessive moisture problems, and “Mauriello v. Flocco,” where factual issues were raised if the doctrine of estoppel applies barring a usury defense claim.
  • January 27, 2016: Berkowitz v. 29 Woodmere Blvd. Owners,” where an apartment owner showed that a co-op board had discriminatory motive to reject purchasers, and “30 East 18th, LLC v. Mitchel,” where the Civil Court properly dismissed a petition for a landlord's attempt to collect an overcharge.
  • January 20, 2016: 1515 Macombs v. Jackson,” where, absent proof of arrears, summary judgment dismissing nonpayment action was granted, and “Matter of New Creek Bluebelt, Phase 4,” where the court awarded the claimants attorney fees under Eminent Domain law.
  • January 13, 2016: Decisions involving the contract provisions governing supervision of home construction by an architect on behalf of the homeowner, a landlord's attempt to quash a tenant's subpoena of documents from the NYS Division of Housing and Community Renewal and a minor's succession rights to a Section 8 apartment.
  • January 6, 2016: Beacon 109 204-206 v. Leon,” where a landlord failed to support its claim that the tenant caused leaks that damaged the lobby, and “Deutsche Bank v. Dirende,” where the court found the petition in a post-foreclosure summary proceeding to be fatally defective.
  • December 30, 2015: Cases involving a Yellowstone injunction, a broker's commission and breach of fiduciary claims, and a landlord's claims that a tenant was allowing a rent-stabilized apartment to be used for illegal purposes.
  • December 23, 2015: Jobin Organization v. Bemar Realty,” “Clinton Hill Holding 1, v. Kathy & Tania,” and “U.S. Bank National Assoc. v. Glusky.”
  • December 16, 2015: In re September 11 Litigation,” where the Second Circuit clarified the recovery scheme for WTC leases.
  • December 9, 2015: Cases involving a failure to commence a foreclosure action within six years, whether a defendant in a summary nonpayment proceeding waives all jurisdictional defenses as a consequence of interposing unrelated counterclaims, and an alleged chronic rent delinquency.
  • December 2, 2015: P&T Management v. Aponte,” where an issue of the reasonableness of cigarette smoke coming from tenant's apartment was found to be a question of fact for trial; and “1644 Broadway v. Jimenez,” where it was held that the property owner properly “exhibited” a copy of the deed of foreclosure.
  • November 25, 2015: Commandeer Realty v. Allegro,” where the court found that a first-filed annexation request gets priority over competitors; and “92 Bergenbrooklyn v. Cisarano,” where the acceptance of rent by the landlord after commencement of a holdover proceeding vitiates the termination notice on the tenant.
  • November 18, 2015: Trump Village v. Bezvoleva,” where the court found that a defamation claim brought by a co-op president against defendant shareholders was allowed to proceed; and “MID Bronx HDFC v. Paulino,” where a tenant was denied dismissal of her landlord's nuisance holdover proceeding.
  • November 4, 2015: Galil Kineret v. Chin,” “229 West 113th Street v. Lamb,” and “New York Shun on Realty Development v. Mathieu.”