Questions presented: Was it proper for Supreme Court to annul the determination by the Board of Standards and Appeals to approve a new 55-story condominium building at 200 Amsterdam Avenue on the Upper West Side of Manhattan? For Supreme Court to direct the demolition of an unspecified number of floors from the building? And were legal proceeding moot because the building was substantially completed and the Committee of Environmentally Sound Development and the Municipal Art Society of New York failed to exercise continued due diligence to halt the project by not seeking injunctive relief at every stage of the protracted… Read more

Roof access and use are among the most sought after, valuable, and fiercely protected amenities of residential coop living. As a recent case illustrates, litigation can go “nuclear” when roof rights are impacted by an imposing change. Soho Plaza is a 34-unit “pre-war” coop that installed an eight-ton central (“chiller”) air conditioning unit on the roof directly above the penthouse owned by Richard and Cecilia Burbridge– who contended that the chiller made leaks into the penthouse significantly worse. After years of litigation, a long bench trial with numerous exhibits, multiple witnesses, including experts, and a 120-page post-trial brief, the Court… Read more

Was Grandparent Member of  Grandchild’s Immediate Family? Answer Dispositive of Bystander “Zone of Danger” Claim The question presented: may a grandparent, who was in close proximity to her grandchild at the time of the death-producing accident, pursue a claim for bystander recovery under a “zone of danger” theory? The “zone of danger” rule to “allow[s] one who is . . . threatened with bodily harm in consequence of the defendant’s negligence to recover for emotional distress” flowing only from the “viewing [of] the death or serious physical injury of a member of [that person’s] immediate family”. Unsettled were “the outer limits”… Read more

Was “Mike” Bloomberg  Personally Liable For Alleged Transgressions of Supervisor at His Eponymous Firm? Court of Appeals Addresses Question of  Owner/Leaders Vicarious Liability Under NYC Human Rights Law GARCIA,  J. : An employee of Bloomberg L.P., using the pseudonym “Margaret Doe,” sued Bloomberg L.P., her supervisor Nicholas Ferris, and Michael Bloomberg, asserting several causes of action arising from alleged discrimination, sexual harassment, and sexual abuse. The question before the Court of Appeals was whether Bloomberg, in addition to Bloomberg L.P., could be held vicariously liable as an employer under the New York City Human Rights Law based on his status… Read more

Mundane business transactions involving relatively small amounts may nevertheless raise a variety of factual and legal issues. And, as a recent case illustrates, what started as a garden variety case arising out of the consignment of a Persian rug to a dealer became a far more complicated dispute with the passage of time. Jahanshah Josh Nazimayal and Rugs and Kilim Corp. are carpet dealers. Peter Lentz owns a Persian Mahal rug. Pursuant to a consignment agreement dated June 21, 2011, Nazimayal and Kilim acknowledged receiving Lentz’s rug and agreed to try to sell it for a 20% commission. The agreement,… Read more

Contiguous neighbors often get into disputes concerning protection or invasion of their property lines and rights. But, as a recent case illustrates, the legal battle can reach great heights when the claims are between the disputatious owners of neighboring outdoor terraces. Nocola W. Cicchetti sued TRNC Associates Ltd. and 333 East 46th St. Apartment Corp. for trespass, breach of contract, and injunctive and declaratory relief arising from a dispute over the placement of a partition wall between two outdoor apartment terraces. TRNC and the coop moved to dismiss. On September 26, 2007, Ciccheti purchased the shares allocated to Apartment 15C… Read more

Terry Kellman sued Poonam Apts. LLC, the owner of 180 Park Hill Avenue on Staten Island, and Jelene Greenfield, the building’s managing agent, for injuries sustained when he was shot at the building by Angelo Nesemi. Kellman asserted two causes of action for negligence. In the second negligence claim, he asserted that Poonam and Greenfield were negligent in failing to take proper precautions for his safety, hiring, screening, training, supervising of its employees, and failing to adopt appropriate procedures for the protection of visitors. Poonam and Greenfield moved to dismiss the complaint. Kellman testified at his deposition that he was… Read more

The recent legal tsunami of executive and administrative orders in New York State and New York City has fueled a wave of litigation between commercial landlords, tenants, and lease guarantors. As a recent case illustrates, the disputes raise issues as to the constitutionality of those orders. 204 E. 38th LLC leased space to Sons of Thunder LLC, under a ten-year lease signed in 2014, for a restaurant in Murray Hill specializing in Hawaiian and Californian beach-inspired food. Thunder stopped paying rent (and additional rent) in March 2020. John Kim signed a guaranty in connection with the lease. E.38th LLC sued… Read more

Harsh facts do no automatically lead to an equitable result. In a recent case, a commercial tenant signed a New York City lease that contemplated the tenant would “build-out” the leased “white box” space into a second-floor gymnasium. The day after the signing, construction was stopped, and gyms were closed by Executive Order due to the pandemic. ITS Soho LLC sought rescission and termination of a long-term lease for second-floor space with 598 Broadway Realty Associates, Inc. The lease term was to start on March 15, 2020. The lease required Realty to provide a “white box” to Soho, and Soho… Read more

Confronts Dispute With Landlord Over Amount Due Commercial leases are often signed with a concomitant “good guy” guarantee, in which a principal of the tenant guarantees the payment of the financial obligations under the lease. And the guarantor can be released from such liability if both a timely notice to terminate the lease is given, and rent and additional rent are paid in full until the date of surrender. But what if the landlord and tenant disagree about the amount due to perfect the termination and release? Monica King Contemporary LLC, a corporate tenant, and Monica King, individually, as “good… Read more