Was Owner of Apartment Building Liable for Damages? Occasionally, as recited in a decision, the facts of a dispute boggle the mind. A recent case is illustrative. On October 27, 2012, Steve Savitz attended a Halloween party hosted by Ari Taub at his apartment building, a former warehouse that had been converted into a residential rental building, owned by Lido Knitting, Inc. The building was equipped with a loading dock, which was used by the tenants for dropping off and picking up bulky items at the building. The loading dock area was lit by a 120-watt, switch-controlled spotlight mounted high… Read more

Are Mom and Dad Liable for the Injury? Dog bite cases and their factual differences and distinctions abound. Liability is often based on who owned or controlled the dog. But, as a recent case illustrates, another determinant of liability may be where the incident occurred. Jessica Sigmund claimed that she was bitten by a dog named Luke belonging to Christopher Porreca while she was a guest at the home of his parents, Francis and Rosemary Porreca, on January 10, 2019. After discovery was complete, Francis and Rosemary Porreca moved for summary judgment dismissing Sigmund’s strict liability claim against them, relying… Read more

Were Subsequent Transferees Good Faith Purchasers for Value? An owner of several pieces of valuable jewelry sells the gems to a purchaser whose check “bounces” for insufficient funds. But the purchaser “hocks’ the jewelry as collateral on a loan which goes into default. And the lender then sells the collateral to a third-party to cover the defaulted loan. As a recent case illustrates, adjudication of claims to the loot requires the Court to navigate around numerous legal propositions. Regal Jewelry and Gift Shop, LLC sued BLCE, LLC, DBS Diamonds Inc., and Bijan & Co. Inc to recover misappropriated jewelry. BLCE,… Read more

Was Board Entitled to Appointment of a Receiver? A lien may be placed on a condominium unit if the owner fails to pay common charges. And, as a recent case illustrates, the Board may be entitled to the appointment of a receiver in an action to foreclose the lien. The Board of Managers of the Residences at Worldwide Plaza Condominium filed an action to foreclose on a lien for unpaid common charges on residential condominium unit 2Y at 393 West 49th Street, owned by Lourdes Villegas. Pursuant to Section 6.7 of the condominium’s by-laws, in any action to foreclose on… Read more

Did Second Tenant Engage in Unreasonable Behavior? Bats infested the attic of a house in Hamptonburgh that renters occupied on the two floors. Was the second-floor tenant subject to eviction for failure to cooperate in remediation? Coldenham, LLC owned a two-family residence located at 51 Neelytown Road in Hamptonburgh.  Katrina Maldonado and her two children lived in the second-floor apartment for over four years. Joyce Foulkes resided in the first-floor apartment for about twenty years. Coldenham filed a proceeding alleging non-payment of rent and thereafter filed an additional petition alleging that Maldonado engaged in unreasonable behavior that substantially infringed on… Read more

Was Agreement Enforceable in New York If Not Executed Accordance with DRL? A prenuptial agreement is often at the center of New York divorce litigation. But, as a recent case illustrates, the enforcement of a “prenup” becomes a complicated matter for adjudication by the Court where the agreement, in a foreign language, is duly signed abroad—but the execution does not comport with New York law. Ali Oleiwi and Noor Salah Shiahi were married in Iraq and signed a mahr, a marriage deed, which mandated certain payments from the husband to his wife at the time of marriage and after that,… Read more

Law is in the Eyes of the Court The Business Corporation Law requires foreign corporations seeking authorization to do business in New York to register with the New York Secretary of State and designate an in-state agent for service of process. The question recently before the New York Court of Appeals was whether a foreign corporation consented to the exercise of general jurisdiction by New York courts by registering to do business there and designating a local agent for service of process. As set forth below, the Court concluded that a foreign corporation’s compliance with the relevant statutory provisions constituted… Read more

Was Training Sufficient to Trigger Skier’s Assumption of Risk? New York State has a statutory “Safety Skiing Code” that allocates training duties and safety obligations between the skier and the facility operator. And, as a recent case illustrates, when an accident ineluctably occurs on a ski slope after a training lesson, the Court must weigh the fact-specific circumstances against those statutorily apportioned duties and obligations. On January 1, 2014, Daniella Bodden, then 16 years old, was injured while skiing at Holiday Mountain Fun Park, a facility in Sullivan County owned and operated by Holiday Mountain Fun Park Inc. Bodden, a first-time skier,… Read more

Were Theatre Owners Vicariously Liable for Injury to Customer? Unruly patrons at a crowded theatre are not unusual. But are the owners of movie theatres liable for the injury to an aggressive patron where the responsive actions of the manager were prohibited but foreseeable? On the evening of April 23, 2011, Victor Norwood and several friends, went to the AMC Lowes Roosevelt Field 8 movie theater at the Roosevelt Field Mall located in Garden City. According to Eric C. Adams, one of the theater managers working that evening, the group was “causing a ruckus” near the theater entrance before they… Read more

Did Landlord Rebut Presumption of Medical Hardship? During the Covid pandemic, a residential tenant claiming a medical hardship is protected from eviction. The tenant’s claim is presumed to be true. But, as a recent case illustrates, the presumption is rebuttable. Douglas Mintz and Lloyd Cheu sought to evict Louise Elton from a rent-free, stand-alone cottage on their property. The Court conducted a hearing to address the rebuttable presumption of the medical hardship claimed by Elton as outlined in Option B to Tenant’s Declaration of Hardship During the COVID-19 Pandemic. At the beginning of the hearing, the parties stipulated that Elton lived… Read more