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Case No. 2023 NY Slip Op 00261

Regular Panel Decision

Jan 24, 2023

Arias v. 139 E. 56th St. Landlord, LLC

William Arias, a demolition worker, suffered injuries after falling 10-15 feet from a roof while cutting wooden beams. Despite his safety harness and lanyard catching him, he hit his head and sustained shoulder and back injuries. The incident occurred during demolition work for 139 East 56th Street Landlord, LLC (building owner) and Hunter Roberts Construction Group, LLC (general contractor). Arias's motion for partial summary judgment on Labor Law § 240 (1) liability was denied by the Supreme Court. The Appellate Division, First Department, reversed the lower court's order, finding that the safety devices were inadequate to prevent injuries from the force of gravity, thereby granting Arias's motion for partial summary judgment.

Labor Law § 240(1)Gravity-related harmSafety devices inadequateFall from heightDemolition workSummary judgmentAppellate reviewConstruction accidentPersonal injuryBuilding owner liability

References

Case No. MISSING

Regular Panel Decision

Minjak Co. v. Randolph

A landlord initiated a nonpayment proceeding against tenants Randolph and Kikuchi for a loft space in Manhattan. The tenants counterclaimed for breach of warranty of habitability, partial constructive eviction, and sought punitive damages and attorney's fees due to severe conditions caused by landlord's renovations and a fifth-floor tenant's business, rendering two-thirds of the loft (music studio) unusable. A Civil Court jury awarded significant rent abatements and $20,000 in punitive damages, later reduced to $5,000, and $5,000 in attorney's fees. The Appellate Term reversed, holding constructive eviction required full abandonment and striking punitive damages. This court reversed the Appellate Term, affirming the doctrine of partial constructive eviction, reinstating the punitive damages award (as reduced by the Civil Court), and confirming the award of attorney's fees, with a minor adjustment to the rent abatement period.

Constructive EvictionPartial EvictionWarranty of HabitabilityPunitive DamagesAttorney's FeesNonpayment ProceedingLandlord-Tenant LawResidential LoftsBuilding RenovationsTenant Rights

References

Case No. MISSING

Regular Panel Decision

Sankar v. City of New York

This case involves a landlord (plaintiff) who faced two arrests in 2006 based on allegedly false police reports filed by her tenant, Karlene White, stemming from a landlord-tenant dispute. The plaintiff subsequently sued White, several police officers, an assistant district attorney, and the City of New York for federal and state law claims including false arrest, malicious prosecution, and battery. The court granted in part and denied in part the defendants' motion for summary judgment. Claims for false arrest against Officers Ostrowski and Galli, malicious prosecution against Officer Ostrowski, and battery against Ostrowski and Galli (all in their individual capacities) survived summary judgment. Additionally, state law claims for false arrest, malicious prosecution, and battery against the City of New York under respondeat superior liability were also denied summary judgment. All other claims, including those related to a November arrest, claims against other named defendants, and intentional infliction of emotional distress, were dismissed.

false arrestmalicious prosecutioncivil rightspolice misconductprobable causequalified immunitymunicipal liabilityrespondeat superiorbatterylandlord-tenant dispute

References

Case No. MISSING

Regular Panel Decision

50 Lefferts LLC v. Cole

This case involves a holdover proceeding initiated by a petitioner landlord against Shaniquca Cole, who claims succession rights to a rent-stabilized apartment after the death of the tenant of record, Thelma Williams, on June 10, 2013. Cole asserts she was a member of Williams' immediate family and that the apartment was their primary residence for two years prior to Williams' death. The core issue is the admissibility of Williams' hospital records, offered by the petitioner, which contain statements from which adverse inferences about Cole's residency could be drawn. Respondent objected to these records as hearsay, but the court, referencing relevant case law, ruled that discharge planning statements within hospital records are admissible as part of a patient's treatment. The court denied the respondent's motion to bar the evidence, emphasizing that admissibility does not equate to probative weight.

Holdover proceedingSuccession rightsRent stabilizationHospital recordsHearsay exceptionBusiness recordsDischarge planMedical evidencePrimary residenceTenant rights

References

Case No. MISSING

Regular Panel Decision

Wessel v. Sichel

Plaintiff tenant sued defendant landlord and their agents for damages, alleging his apartment was rendered uninhabitable during repairs, items were stolen, and he was constructively evicted in retaliation for a prior rent reduction. Defendants counterclaimed and moved for summary judgment, arguing plaintiff requested repairs, then impeded work by changing locks and withholding rent. The trial court denied the motion, citing questions of retaliatory intent. The Appellate Division reversed, finding plaintiff's claims conclusory and lacking material evidence. The court granted summary judgment to defendants and dismissed the complaint.

Summary JudgmentConstructive EvictionRetaliationTenant RightsLandlord-Tenant DisputeAppellate ReviewConclusory EvidenceBurden of ProofDismissalApartment Repairs

References

Case No. MISSING

Regular Panel Decision

In Re Episode USA, Inc.

Episode USA, Inc., a debtor in chapter 11 bankruptcy, guaranteed a non-debtor affiliate's lease. The affiliate defaulted, leading the landlord, L.H. Charney Associates, to file a claim against Episode. Episode objected to the claim, seeking to cap the unsecured portion under § 502(b)(6) of the Bankruptcy Code and expunge the administrative priority claim. The court sustained Episode's objection, ruling that the § 502(b)(6) cap applies to debtor-guarantors and that the administrative priority claim was not justified as Episode received no benefit from the lease. However, the court rejected Episode's argument for a reduction of the unsecured claim based on mitigation, citing New York law.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability

References

Case No. MISSING

Regular Panel Decision

Mar 28, 1990

Sternklar v. 19 E. 80th St. Associates

Tenants Theodore Sternklar and Adrienne Wincor-Sternklar leased a rent-stabilized apartment from landlord 19 E. 80th St. Associates. They undertook various alterations with the landlord's permission. When the landlord required window replacement, tenants faced significant costs to remove and reinstall their custom items. Tenants sought a declaratory judgment to define the parties' rights and obligations. The lower court granted summary judgment to the landlord, dismissing the complaint and granting counterclaims for unauthorized renovations. The appellate court reversed, finding numerous material issues of fact regarding the landlord's approval of alterations, the nature of certain installations, and the status of items claimed as unauthorized, thus precluding summary judgment.

Rent stabilizationApartment alterationsSummary judgmentFactual disputesLease agreementDeclaratory judgmentLandlord-tenant disputeAppellate reviewNew York lawProperty dispute

References

Case No. 651884/2014

Regular Panel Decision

Jan 09, 2017

1552 Broadway Retail Owner LLC v. McDonald's Corp.

The case concerns a dispute between 1552 Broadway Retail Owner LLC (Landlord) and McDonald's Corporation (Tenant) regarding the fair market value (FMV) rent under a commercial lease. The core issue involved the interpretation of the "highest and best use of the demised premises" clause, which was initially ruled upon by the court in Landlord's favor before arbitration. Subsequently, Tenant allegedly committed misconduct during arbitration by relitigating this court-decided issue and submitting an expert opinion discrediting the court's ruling. Landlord moved to vacate the arbitration award, citing Tenant's misconduct. The court denied Landlord's motion and granted Tenant's cross-motion to confirm the award, determining that Landlord failed to prove by clear and convincing evidence that the alleged misconduct prejudiced the arbitrators' decision.

ArbitrationLease DisputeFair Market ValueHighest and Best UseMisconductVacatur of Arbitration AwardConfirmation of Arbitration AwardJudicial ReviewCPLR 7511Contract Interpretation

References

Case No. 2022 NY Slip Op 22387 [77 Misc 3d 20]

Regular Panel Decision

Dec 20, 2022

Singletary v. Residential Mgt. Inc.

The Supreme Court, Appellate Term, First Department, affirmed a judgment against Residential Management Inc. et al., landlords, for civil penalties. The initial decision found the landlords liable for failing to correct housing violations, as established by tenant testimony, photographic evidence, and subsequent inspections by the Department of Housing Preservation and Development (HPD). The landlords' defense of lack of access was rejected, as the record indicated multiple access dates and testimony from their own workers inconsistent with denial of access. Furthermore, the court found the landlords' argument regarding the Eighth Amendment's Excessive Fines Clause unpreserved and without merit, reasoning that the penalties served a remedial purpose to ensure compliance with housing standards. The court also determined that the penalty schedule was not grossly disproportionate to the offense, and landlords had the ability to mitigate fines by correcting violations promptly.

Housing ViolationsCivil PenaltiesLandlord LiabilityExcessive Fines ClauseEighth AmendmentAdministrative Code § 27-2115Lack of Access DefenseAppellate ReviewRemedial PurposeHousing Maintenance Standards

References

Case No. MISSING

Regular Panel Decision

Sep 13, 2012

Penaranda v. 4933 Realty, LLC

Plaintiff, an employee of K&S Construction, sustained injuries after being thrown from a Bobcat within a warehouse owned by the defendant landlord. The incident occurred while the plaintiff was removing plywood, an activity he claimed was necessary for a concrete curb construction project. The central legal issue was whether the plaintiff's plywood removal qualified as construction work under the Labor Law, entitling him to its protections. The court found a question of fact regarding whether the work was "necessary and incidental" to the construction. Consequently, the Labor Law § 240 (1) claim was reinstated, and the third-party complaint for contractual indemnity against K&S Construction was also reinstated, while other aspects of the lower court's decision were affirmed.

Labor LawConstruction AccidentSummary JudgmentThird-Party ComplaintIndemnityBobcat AccidentGravity-Related EventCounterweightAppellate ReviewQuestion of Fact

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2023 NY Slip Op 00261

Regular Panel Decision

Jan 24, 2023

Arias v. 139 E. 56th St. Landlord, LLC

Labor Law § 240(1)Gravity-related harmSafety devices inadequateFall from heightDemolition workSummary judgmentAppellate reviewConstruction accidentPersonal injuryBuilding owner liability

References

Case No. MISSING

Regular Panel Decision

Minjak Co. v. Randolph

Constructive EvictionPartial EvictionWarranty of HabitabilityPunitive DamagesAttorney's FeesNonpayment ProceedingLandlord-Tenant LawResidential LoftsBuilding RenovationsTenant Rights

References

Case No. MISSING

Regular Panel Decision

Sankar v. City of New York

false arrestmalicious prosecutioncivil rightspolice misconductprobable causequalified immunitymunicipal liabilityrespondeat superiorbatterylandlord-tenant dispute

References

Case No. MISSING

Regular Panel Decision

50 Lefferts LLC v. Cole

Holdover proceedingSuccession rightsRent stabilizationHospital recordsHearsay exceptionBusiness recordsDischarge planMedical evidencePrimary residenceTenant rights

References

Case No. MISSING

Regular Panel Decision

Wessel v. Sichel

Summary JudgmentConstructive EvictionRetaliationTenant RightsLandlord-Tenant DisputeAppellate ReviewConclusory EvidenceBurden of ProofDismissalApartment Repairs

References

Case No. MISSING

Regular Panel Decision

In Re Episode USA, Inc.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability

References

Case No. MISSING

Regular Panel Decision

Mar 28, 1990

Sternklar v. 19 E. 80th St. Associates

Rent stabilizationApartment alterationsSummary judgmentFactual disputesLease agreementDeclaratory judgmentLandlord-tenant disputeAppellate reviewNew York lawProperty dispute

References

Case No. 651884/2014

Regular Panel Decision

Jan 09, 2017

1552 Broadway Retail Owner LLC v. McDonald's Corp.

ArbitrationLease DisputeFair Market ValueHighest and Best UseMisconductVacatur of Arbitration AwardConfirmation of Arbitration AwardJudicial ReviewCPLR 7511Contract Interpretation

References

Case No. 2022 NY Slip Op 22387 [77 Misc 3d 20]

Regular Panel Decision

Dec 20, 2022

Singletary v. Residential Mgt. Inc.

References

Case No. MISSING

Regular Panel Decision

Sep 13, 2012

Penaranda v. 4933 Realty, LLC

Labor LawConstruction AccidentSummary JudgmentThird-Party ComplaintIndemnityBobcat AccidentGravity-Related EventCounterweightAppellate ReviewQuestion of Fact

References

Showing 1-10 of 126 results

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