Commercial Lease Required Redelivery of Space at End of Term in Same Condition as at Start

Posted on March 27, 2023 | Comments Off on Commercial Lease Required Redelivery of Space at End of Term in Same Condition as at Start

This was originally posted on the SGR Blog.

Court Adjudicates Consequences of Tenant’s Removal of Improvements Made by Landlord

Commercial leases often require the tenant to vacate and deliver the space back to the landlord at the end of the term in the condition of the premises at the beginning of the lease. But, as a recent case illustrates, the landlord and tenant may disagree on whether or not certain improvements may or may not be removed where the cost of installation was shared by the parties.

Wallkill Medical Development, LLC, as landlord, and Medi-Fair, Inc., as tenant, entered into a 10-year commercial lease with regard to the ground floor of a newly constructed medical office building located in Middletown.

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Posted in Landlord-Tenant, Litigation, Real Estate

Fitness Center Member Falls Off Treadmill

Posted on March 23, 2023 | Comments Off on Fitness Center Member Falls Off Treadmill

This was originally posted on the SGR Blog.

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Was Owner/Operator Liable for the Injury?

A member walks on a treadmill at a fitness center. The treadmill spontaneously accelerates, causing her to fall. Litigation ensues.

On March 27, 2017, Linda Mermelstein was exercising at a fitness center owned and operated by Campbell Fitness NC, LLC when the treadmill she was using allegedly spontaneously accelerated, causing her to fall off the treadmill and sustain personal injuries. Mermelstein sued to recover damages for personal injuries, alleging that Campbell was negligent in maintaining the premises and the treadmill. After discovery, Campbell moved for summary judgment dismissing the complaint. The Supreme Court granted the motion, and Mermelstein appealed.

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Posted in Litigation, New York Law, Personal Injury

Firearms Seized From Nassau Homeowner By Police

Posted on March 20, 2023 | Comments Off on Firearms Seized From Nassau Homeowner By Police

This was originally published on the SGR Blog.

Court Addresses Conversion Claim Against the County

The Nassau County Police seized a virtual armory from a private home. The owner of the guns sued the County for conversion. Would his claim survive a motion to dismiss?

On March 20, 2007, one day after an incident at the office of United States Representative Carolyn McCarthy, the police removed from the home of Gabriel Razzano 15 registered handguns and nine “longarms.” The police issued receipts which contained language tracking that of Penal Law § 400.05 with respect to the disposition of surrendered firearms. Specifically, the receipts stated:

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Posted in Litigation, New York Law, Real Estate

Excavation Causes Neighboring Property to Bulge and Crack

Posted on March 20, 2023 | Comments Off on Excavation Causes Neighboring Property to Bulge and Crack

This was originally published on the SGR Blog.

Was Insurance Claim Barred by “Earth Movement” Exclusion?

Commercial insurance policies often provide generic risk coverage, but that general coverage is often concurrently limited in scope by specific exclusions. As a recent case illustrates, the Court may be required to navigate the exclusions to determine if coverage liability exists.

Great American Insurance Company of New York issued a risk property insurance policy to 3502 Partners LLC, insuring property located at 35-02 Northern Blvd., Long Island City, New York-a two-story brick and mortar building with multiple commercial tenants, adjacent to and directly behind a piece of property owned and maintained by the Metropolitan Transit Authority, known as the Sunnyside Yard, a 180-acre railroad yard.

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Posted in Litigation, Litigation, New York Law, Real Estate

Apartment Tenant Trips Over Drain Cover

Posted on March 14, 2023 | Comments Off on Apartment Tenant Trips Over Drain Cover

This was originally published on the SGR Blog.

Were Owner/Managing Agent Liable For Injury?

“Res ipsa loquitur” is a legal principal that concludes that negligence occurred by the mere happening of an event. For example, an object falling from a building and injuring an innocent pedestrian. The elements of the concept are: the defendant was in exclusive control of the situation or instrument that caused the injury; the injury would not have ordinarily occurred but for the defendant’s negligence; and the plaintiff’s injury was not due to his/her own action or contribution. And, as a recent case illustrates, the doctrine applies to common and mundane accidents and injuries.

Entrice Valdez was injured when she was a resident of a halfway home in a building owned by Upper Creston, LLC, and maintained, managed, operated and controlled by Geo Reentry, Inc. and Cornell Companies, Inc. Valdez stepped on a drain cover on the floor. The drain cover then collapsed under her foot, causing her to twist her ankle and fall.

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Posted in Litigation, New York Law, Personal Injury, Personal Injury

Tow Line Tangle at Toggenburg

Posted on March 9, 2023 | Comments Off on Tow Line Tangle at Toggenburg

This was originally posted on the SGR Blog.

Was Ski Resort Liable for Injury?

Snow skiing presents inherent and foreseeable risks of injury on the slopes. But, as a recent case illustrates, the Court may have to determine if a mechanical failure, such as a faulty tow-line, was a risk that a skier inherently and foreseeably assumed.

Lauren Dowd-Dowd-Shedlock was a customer at Toggenburg Ski Center on January 24, 2014 with her three-year-old niece. She was assisting her niece on a beginner’s trail, which had a tow rope consisting of a rope pulling tow, with handles which hung perpendicular to the ground. As Dowd-Shedlock waited with her niece to be towed up the hill, a tow handle which had turned and was parallel to the ground struck her in the back of the knee. Dowd-Shedlock alleged that Toggenburg was negligent in failing to properly warn users of the tow rope and the associated dangers.

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Posted in Litigation, Litigation, New York Law, Personal Injury

Auctioneer Doubts Authenticity, Withdraws Cy Twombly Artwork and Seeks Return of $1.5M Advance

Posted on March 6, 2023 | Comments Off on Auctioneer Doubts Authenticity, Withdraws Cy Twombly Artwork and Seeks Return of $1.5M Advance

This was originally posted on the SGR Blog.

Did Owner Have Claim Over Against Third Parties for Triggering the Dispute?

Decisions often address claims by a defendant that the harm alleged by the plaintiff was caused by others—and result in so-called “third-party” claims for indemnification of contribution. As a recent case illustrates, the Court may be called upon to assess the viability of such claims.

In 2016 Pier Franco Grosso consigned to Phillips Auctioneers LLC artwork in exchange for an advance of $1.5 million. Grosso represented that the artwork was by the late artist Cy Twombly. Phillips estimated the work would sell for $2.5 million to $3.5 million. Under Paragraph 10(a) of the consignment agreement, Phillips was permitted to withdraw the work from sale if, in Phillips’ “sole judgment,”

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Posted in Litigation, Litigation, New York Law

Tenant Vacates but Fails to Restore Premises at End of Lease

Posted on March 2, 2023 | Comments Off on Tenant Vacates but Fails to Restore Premises at End of Lease

This was originally posted on the SGR Blog.

Was Tenant Liable for Increased Holdover Monthly Rent?

Many commercial leases require a tenant who makes alterations to the premises to restore the space to its pre-alteration condition at the end of the lease term. But what is the consequence where the tenant timely vacates but fails to restore?

605 Fifth Property Owner LLC sought damages from Luxottica Holding Corp. arising out of an alleged breach of a commercial lease. On December 1, 2009, Luxottica’s predecessor, Sunglass Hut Trading, LLC, executed a lease to take possession of a commercial space located at 605 Fifth Avenue, New York, New York. At the time the original lease was signed, the premises consisted of the basement, ground floor, mezzanine, and second floor portions of the building.

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Posted in Landlord-Tenant, Litigation, New York Law, Real Estate

Gallery and Sculpture Dispute Ownership of Five Limited Edition Works

Posted on March 2, 2023 | Comments Off on Gallery and Sculpture Dispute Ownership of Five Limited Edition Works

This was originally published on the SGR Blog.

Court Parses Agreements and Arts and Cultural Affairs Law

Clean Art Works, Inc. operated the Marianne Boesky Gallery and served as the gallery representative for Diana Al-Hadid until 2019. During that time, Art Works advanced funds, such as studio rent and fabrication, and framing and crating costs, to Al-Hadid to further her career.

In 2009, Al-Hadid created a bronze sculpture fabricated in a five piece limited edition. An undated contract between Al-Hadid and Graphicstudio stated that Graphicstudio would fabricate the sculptures, three of which were numbered as 1/3, 2/3 and 3/3 and two numbered as “Artist’s Proofs” AP 1/2 and AP 2/2. The project was initiated in September 2009 and completed in February 2011.

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Posted in Litigation, New York Law

Patron Allegedly Assaulted by Security at Lounge in Queens

Posted on February 28, 2023 | Comments Off on Patron Allegedly Assaulted by Security at Lounge in Queens

This was originally published on the SGR Blog.

Were Owner/Operators Liable for Injury?

Marcos Illescas alleged in his complaint that he suffered personal injuries after he was allegedly assaulted both inside and in front of a restaurant located at 95-35 40th Road in Queens, City and State of New York. Illescas asserted causes of action for negligent hiring, retention, and supervision against Sabor Latino I, Corp., Sabor Latino Corp., Sabor Latino Events Corp., Sabor Latino Lounge, Inc. and “ABC Security Company” (a fictitious name, real name unknown).

The Sabor’s moved for an order granting summary judgment and dismissing the causes of action against them for negligent hiring, retention, and supervision. The Sabor’s contended that they did not owe Illescas a duty of care with respect to the incidents that allegedly occurred. Specifically, they argued that they were not responsible for the alleged assault because they contracted with an individual who was responsible for hiring and managing the security staff for the premises and the person that Illescas claimed assaulted him was not their employee.

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Posted in Litigation, New York Law, Personal Injury, Personal Injury