Was Occupant’s Use of Wrong Name (In)Curable? Some cases raise complex questions of causation and other material facts. And some suits generate complicated and dispositive questions of law. But, as a recent case illustrates, some proceedings simply generate an over-the-top rating on the jurisprudential chutzpah scale. Anthony Perez sued Garden Property Associates, LLC (owner) and DMARC 2007-CDS Garden Street, LLC (manager) for personal injuries sustained by the collapse of a ceiling in a bathroom of his apartment. Both GPA and DMARC moved to dismiss. Perez cross-moved to amend. The complaint was dismissed for lack of standing. Perez appealed. It was undisputed that… Read more

Who Was Liable for Damage to Eighth Floor Unit? High-rise commercial co-ops necessarily house utilities, pipes, and connections behind closed walls. As a recent case illustrates, where an enclosed pipe in one unit burst and damaged another unit, the Court may be required to navigate a web or relationships and agreements to determine who may be liable for the damage. Metropolitan Productions, Inc. and Daylight Studio LLC sued Good Light Studio, Inc. and Good Light Studio 2, LLC and sought six million dollars for property damage and loss of income. The claim was the result of a frozen pipe that… Read more

Did General Allegations of Traffic and Noise State a Claim for Private Nuisance? Zoning and other rules and regulation in residential neighborhoods often prohibit, limit, or restrict commercial activities that generate traffic and noise. But, as a recent case illustrates, the Court may have to determine whether the conduct of which complaint is made crosses the line into a private nuisance. Gina Rice, Ira Zimmerman, and Nicole Page sued William Bourne, Paul G. Pennoyer, Gerald L. Eastman, and Lisa M. Eastman to recover damages suffered from the alleged illegal operation of a business on property adjacent to their home, and… Read more

Was Owner Liable for Personal Injury Claimed? The “storm in progress” rule protects real property owners from sidewalk-related “slip and fall” claims until a reasonable amount of time after rain or snow abates. But, as a recent case illustrates, different rules apply where the weather-related accident takes place inside the building while it is raining outside. Woon Yin Kwan resides at 20 Confucius Plaza located in New York County. The building is owned by Chinatown Apartments, Inc. and managed by Tudor Realty Services Corp. An accident occurred on a rainy day when Kwan and her daughter, Kate Lee, exited a… Read more

Was Testimony Incredible as a Matter of Law? In automobile accident cases, our Courts are often presented with eye-witness testimony that conflicts with expert accident reconstruction evidence. Is there a point where the physical evidence renders the testimony incredible? Jennifer Brulatour, as administrator of the estate of Keith Brulatour, sued to recover for personal injuries arising out of a cross-over motor vehicle accident. Keith testified that a vehicle operated by Bienna Cooney crossed over into his lane of traffic and struck his vehicle head on before he had any opportunity to take evasive action. His son, Matthew, averred that he… Read more

Did Facts Support Claim of Emotional Distress? Occasional disputes between neighbors are a common occurrence of residential cooperative/condominium life. But, as a recent case illustrates, the Court may have to decide if an alleged course of false complaints and hallway confrontations constituted a legally cognizable claim for intentional or negligent infliction of emotional distress. In two actions, next-door-neighbor shareholders of a Manhattan co-op were at loggerheads. Danielle Toussie, Michael Toussie, and Deborah Touisse sued the cooperative corporation, Park Towers Tenants Corp., alleging that the Board was wrongfully attempting to terminate their proprietary lease based on false complaints of loud noises and… Read more

Would Court Order Tenant to Permit Access by Landlord? Residential apartment leases usually authorize landlords access to the units to inspect and repair. And, as a recent case illustrates, the Court may be required to intervene where such access is denied. 400 West 59th Street Partners LLC is the owner and landlord of 1 Columbus Place in Manhattan. Tobi Oyolesi was a tenant of apartment S30C in the building, and Travis Lilley was a guest. West 59th sought a preliminary injunction directing Oyolesi to grant access to his apartment for inspection and to repair a water leak emanating from an air… Read more

Was Operation of Printing Press on Second Floor an Actionable Breach by Landlord? Andrianna Shamaris, Inc, operated a luxury home specialty store located at 121 Varick Street, pursuant to a commercial lease signed in January of 2019 with 121 Varick St. Corp. The lease covered a portion of the ground floor retail space to be used as an “upscale furniture showroom.” 121 Varick Street sits atop the subway under Varick Street and is at the mouth of the Holland Tunnel. It also is located in what has historically been known as New York’s “printing district.” The building had a history… Read more

Were Allegations of Complaint Sufficient to State Claim for Nuisance? In an action seeking permanent injunctive relief upon claims for breach of contract, nuisance, and trespass, Sabrina Santoro and Antonio Micalizzi, owners of a Manhattan condominium unit, alleged that the tenants of a neighboring unit owned by Luigi Rosabianca, had caused excessive noise and odors to emanate from his unit. The board of managers of Cipriani Club Residences at 55 Wall Condominium and First Service Realty, Inc., the building manager, had not sufficiently addressed their complaints. The board and building manager answered the complaint. Santoro/Micalizzi moved for leave to enter a… Read more