Monthly Archives: July 2019

New York Court of Appeals Update (July 2019)

This was originally published on the SGR Blog.

As the 2018/2019 Term approached the “homestretch”, the Court of Appeals published a “blockbuster” 4-to-3 decision holding that a commercial tenant-to-be, represented by counsel, could waive the right to prosecute a declaratory judgment action and seek Yellowstone relief; another 4-3 ruling with respect to personal jurisdiction over the Ohio firearms’ salesman of a gun used in a New York homicide; and a 6-1 opinion relating to strict liability for design defects. Consistent with a recent trend, all three cases featured unusually strident dissents.

159 MP Corp. v. Redbridge Bedford, LLC
2019 NY Slip Op 03526
Decided on May 7, 2019

In New York, agreements negotiated at arm’s length by sophisticated, counseled parties are generally enforced according to their plain language pursuant to the strong public policy favoring freedom of contract. May commercial tenants who unambiguously agreed to waive the right to commence a declaratory judgment action as to the terms of their leases ask the Court to invalidate that waiver on the rationale that the waiver is void as against public policy?

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The Creston Avenue Bathtub Brouhaha

This was originally published on the SGR blog.

Who has the time and energy to fight about a leaking bathtub? Some people apparently do. In a recent case, a residential apartment tenant (acting without an attorney) prosecuted claims against his landlord for tub-related building code violations relating to the stability of the bathtub and the containing walls in the upstairs apartment.

To resolve the dispute, a Civil Court Judge, his Court Attorney and three Court Officers went to the apartment, a third floor walk-up on Creston Avenue, to conduct an inspection.

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What’s Sauce for the Goose…

This post was originally published on the SGR Blog.

Julianne Allen sued her neighbors Jennifer and John Powers claiming that their two German Shepherds barked incessantly. The dogs’ constant barking at all hours allegedly interfered with Allen’s right to quiet use and enjoyment of her property. The Powers denied the allegations and asserted a counterclaim contending that Allen had repeatedly called municipal authorities with specious complaints in prolonged efforts to make them move or have their landlord, David Bosko, evict them.

Allen asked the Court to dismiss the counterclaim for failing to state a cause of action. Allen argued that the Powers’ allegations sounded like a claim for harassment— and New York does not recognize such a cause of action.

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