A Yellowstone proceeding (so-called after a Court of Appeals decision establishing the legal protocol) maintains the status quo so that a commercial tenant, when confronted by a threat of termination of its lease, may protect its investment in the leasehold by obtaining a stay tolling the cure period—and, if an adverse determination on the merits ensues, the tenant may cure the default and avoid a forfeiture. The proceeding is New York–specific. Our Civil Courts in New York City and District Courts in the rest of the State (where landlord-tenant cases are litigated) do not have jurisdiction to grant equitable relief…. Read more

On August 27, 2015, Theodore Comando went to a  deli on the Upper West Side, owned by C.P. Yang Corp, to purchase a cup of coffee. He walked to the counter and lifted a coffee pot from the coffee burner. While lifting the pot, the bottom of the pot fell out, causing his legs and feet to be scalded with second degree burns. Countering Comando’s version of the facts, the owner of the store, Keumyul Yang, stated in deposition testimony that he was not present during the incident but was told by his employee, Domingo Ogacion, that two coffee pots… Read more

Joanna Lechowicz sued the Condominium for injuries she allegedly sustained, on March 10, 2014 at approximately 6:25 a.m., when she slipped and fell on snow or ice on the sidewalk abutting 130 Pondfield Road, Bronxville, New York, at or near the property line of 12 Meadow Avenue, Bronxville. Wojcjech Lechowicz sought damages for the alleged loss of consortium arising from Joanna’s accident and injuries. The Board moved for summary judgment dismissing the complaint on the ground that the “storm in progress” rule applied. A defendant property owner moving for summary judgment in an action predicated upon the presence of snow… Read more

The Fall session of the Court’s 2019-2020 term saw a jurisprudential smorgasbord of decisions relating to the scope and application of civil, criminal, local and administrative statutes, ordinances and regulations. Conviction of a physician for homicide  for providing controlled substances that resulted in overdose deaths. Liability  of the State for injuries to an inmate by corrections officers. Place of injury and applicable statute of limitations in breach of contract dispute. Private right of action for bad-faith reporting of medical misconduct. Enforceability of local zoning law precluding music festival on rural property.   People v Stan XuHui Li 2019 NY Slip… Read more

Alan and Lisa Johnson, husband and wife, sued for injuries Alan Johnson suffered when a dog owned by Kalpano Rao and Narayan Raj attacked Alan in an elevator in a residential condominium owned by Element Condominium and managed by Elliman Property Management. Rao and Raj owned and resided in condominium units in the building. On May 30, 2011, Johnson, Raj, and his dog Ibiza boarded a public passenger elevator inside the building. Once inside, Johnson asked if he might pet Ibiza, to which Raj assented. Johnson lowered his hand to Ibiza to allow the dog to sniff him, and, after… Read more

Awilka Alonzo  sued Audubon Avenue Housing after she purportedly trip and fell over a metal door saddle in her apartment building’s lobby at the 215 Audubon Avenue Housing Development. She claimed that, on July 10, 2015, she was leaving for work when her left foot bumped into the metal door saddle and she fell. Alonzo contended that the door saddle constituted a defective condition because it was not flush with the tile floor. Audubon moved for summary judgment on the ground that the metal door saddle did not constitute a defect. Audubon’s expert opined that “the saddle/threshold at the subject… Read more

Plaintiffs (Joseph Ubiles and Bernice Ubiles) and defendants (Ndingfarae Ngardingabe and Julie Camisuli) own adjoining properties on West 147th Street in Manhattan. Plaintiffs claimed that rain water and snow melt was flowing from defendants’ driveway into their property. Plaintiffs contended that, as a result of the runoff, the foundation and the walls of their home had been damaged. They contended that defendants caused the condition by impermissibly altering the water drainage system in defendants’ driveway and doing nothing to remediate the problem despite plaintiffs’ complaints. Plaintiffs sued. Defendants moved to dismiss based on the statute of limitations and on plaintiffs’… Read more

New York Court of Appeals Update (November 2019) The start of the 2019-2020 Term of the Court featured decisions on both criminal law  (prosecutions failure to make requested  pre-trial disclosures; and  juror misconduct) and civil law (class action suit for fraudulent rents;  duty to maintain sidewalks ; and liability of out-of-possession landlord).    People v Rong He 2019 NY Slip Op 07477 October 17, 2019 Question:    Did the People violate defendant’s rights to due process by failing to disclose, upon a pre-trial request, contact information about two witnesses. Answer:      Yes. The defenses investigation of the witnesses could have affected the outcome… Read more

Serge Somrov purchased apartment 7A at the Bay Parkway Terrace  Condominium. After moving in Somrov replaced the floor of the terrace with Board approval. Ten years later, Somrov was told that a leak on his terrace was causing water damage to the apartment below. Pursuant to the By-Laws Somrov was required to remove the tiles he installed as well as the cement underneath. And Bay Parkway was obligated to install waterproofing  after which Somrov could re-install the tiles. Somrov  removed the tiles but did not remove the cement. Bay Parkway refused to install the waterproofing until the cement was removed. Somrov… Read more

Virginia Hough filed a complaint with the State Division  of Human Rights against  1 Toms Point Lane Corporation , a residential cooperative,  alleging a violation of the New York State Human Rights Law.  Hough charged the co-op with discriminating against her on the basis of disability because she was not allowed to keep an emotional support dog in her apartment to help ameliorate her generalized anxiety disorder. After a hearing, an administrative law judge made a recommendation and findings in favor of Hough. Toms Point was directed to cease and desist from enforcing against Hough any rules or policies prohibiting dogs and awarded Hough… Read more