Monthly Archives: May 2020

“Water Closet” Brawl Ends in a Legal Draw

This was originally published on the SGR Blog.

Every square inch of space allotted to an apartment in an Upper East Side high-rise residential cooperative has utility and value. And, as appeared in a recent case, when the area in dispute is nine square feet outside a hallway door, the legal claims and issues escalate disproportionately.

Donald Fellner is the owner of shares and holder of a proprietary lease in co-op apartment 12C at 40 East 88th Street.  The residential cooperative is 44 East 88 Owners, Inc. And Orsid Realty Corp is the  managing agent.

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What is a (Door) Man to Do? Level of Lobby Care Required After a Storm

This was originally posted on the SGR Blog.

When it rains it pours. And sometimes litigation en(sues).

Janice Kasni lived at 30 Lincoln Plaza located on 30 West 63rd Street. Shortly after midnight, Kasni returned from an evening out, when she slipped and fell on the floor of the lobby. It had rained for much of day before the accident and long brown rugs had been placed from the doors to the lobby to the elevator bank.

When Kasni entered the building, she stepped onto the rug in front of the door and then headed left towards a couch that was near the entrance—and stepped off the rug and slipped on the floor.

Kasni testified at her deposition that she had taken up to two steps when both feet went out from under her and she fell backwards, flat onto her back. Prior to stepping on to the floor, she saw “the marble floor, that’s all.” Kasni did not notice any water or wet spots. Only after coming in from the rain, falling and lying on the floor, did Kasni first notice water on the marble floor. The water she saw was clear and was like a small puddle. Kasni was unable able to provide dimensions of the puddle and did not know how long the puddle had been there.

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New York Court of Appeals (March/April 2020)

This was originally published on the SGR blog.

The middle of the 2019-2020 Term of the Court featured only a handful of dispositions on civil matters, but no landmark decisions. Two opinions by Judge Stein, relating to the General Business Law and the  arbitration process, do provide templates for  future GBL  claims and arbitration proceedings.

Plavin v. Group Health Inc.
March 24, 2020

Question: The United States Court of Appeals for the Third Circuit asked the Court of Appeals to decide whether Steven Plavin sufficiently alleged consumer-oriented conduct to assert claims under General Business Law §§ 349 and 350 for damages. An insurance company’s allegedly made materially misleading representations directly to the City of New York’s employees and retirees about the terms of its insurance plan to induce them to select its plan from among the varioous health insurance options made available to current and former City employees.

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What is a [Door]Man to do? Level of Inquiry Required When Tenant Brings a Guest

This was originally published on the SGR Blog.

Many luxury and other residential buildings in New York City feature doormen or other concierge services. Does the presence of such personnel create a duty to screen guests—and concomitant liability for the alleged failure to properly do so? A recent case addressed that question.

Zoe Denison sought damages for injuries sustained at the hands of Roxanne Woychowski, and the alleged negligence of the 300 East 57 Street, LLC, and Rudin Management Co. Inc. and others, that arose from a night on the town.

The court granted summary judgment and dismissed Denison’s claims against 300 East and Rudin. Denison asked the Court to reconsider the order.

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