Monthly Archives: June 2023

Bookkeeper Allegedly Stole $2M+ From Failing 85 Year Old Client

Posted on June 29, 2023 | Comments Off on Bookkeeper Allegedly Stole $2M+ From Failing 85 Year Old Client

This was originally published on the SGR Blog.

Court Examines Claim for Breach of Fiduciary Duty

Litigation arose from the alleged theft by Ruth Treglia of more than $2 million from Cora Tanner, an 85 year-old widow, between April 2013 and December 2015, while Treglia was employed as Tanner’s personal bookkeeper. Tanner was retired, had no children, and supported herself with savings that she and her late husband accrued from work. In December 2012, Tanner suffered a physical collapse as a result of an alcohol induced neuropathy rendering her unable to walk, bathe, dress, cook, and other tasks, or manage her financial affairs. She was subsequently diagnosed with dementia.

The complaint (by Karen Couzens, Tanner’s niece as attorney-in-fact) accused Treglia of taking advantage of Tanner’s age and medical condition by transferring monies from Tanner’s accounts to her own. Allegedly, Treglia falsely delineated some of these transfers as payments of legitimate expenses and labeled others as gifts to Tanner’s family members. She then also paid herself tens of thousands of dollars each month as “wages” for her bookkeeping services, without authorization for those amounts from Tanner or any other person.

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Posted in Litigation, Litigation, New York Law

Apartment Owner Sues Co-Op Board and Managing Agent

Posted on June 26, 2023 | Comments Off on Apartment Owner Sues Co-Op Board and Managing Agent

This was originally published on the SGR Blog.

Was There Liability for Almost $1M Façade Repair?

The owner of an apartment in a residential co-op has every right to sue the board and managing agent for a perceived breach of the proprietary lease or for breach of fiduciary duty. But sustaining a claim may be easier said than done. And, as recent case illustrates, a shareholder’s claim arising out of an almost one-million-dollar façade repair was tested at the outset by several threshold legal defenses.

Bernard Weinstein, a resident in a cooperative apartment building owned by 12282 Owners’ Corp., asserted claims against the Co-Op’s Board of Directors and against the Co-Op’s managing agent, AKAM Associates, Inc., for failure properly to maintain the exterior of the building. The Co-Op and AKAM moved to dismiss the complaint.

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Posted in Co-Ops, Litigation, New York Law, Real Estate

Agreement to Purchase Four-Family Brooklyn Brownstone for $300,000

Posted on June 22, 2023 | Comments Off on Agreement to Purchase Four-Family Brooklyn Brownstone for $300,000

This was originally published on the SGR Blog.

Was Contract Enforceable/Barred Under the Statute of Frauds?

On January 23, 2006, Yaron Cohen, as purchaser, and Vivian Holder, as seller, executed a document purporting to be a contract for the sale of a four-family brownstone located in Brooklyn, for the purchase price of $300,000. But the document, which was provided by Cohen, did not indicate the date or place of the closing.

About 17 months later, Cohen sent a letter to Holder setting a time of the essence closing date of May 22, 2007. The closing did not occur on that date and Cohen commenced an action seeking specific performance. Holder interposed an answer and asserted counterclaims seeking damages for fraud and for rescission of the purported contract. In 2015, Holder transferred the property to 143 Hancock St., LLC. Cohen then filed a separate action against 143 Hancock. Holder and Corey Holder, as executor of Vivian’s estate, was substituted as the defendant in the action commenced against Holder. The two actions were consolidated.

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Posted in Litigation, New York Law, Real Estate, Vendor/Purchaser Disputes

Son In Accident While Driving Father’s Car Without Permission

Posted on June 19, 2023 | Comments Off on Son In Accident While Driving Father’s Car Without Permission

This was originally published on the SGR Blog.

Was Father Liable For Injury to Third Party?

Hugo Rodriguez sued Robin Sanchez and his father, Roman Sanchez. The undisputed facts were simple. Robin was driving his father’s van when he hit Rodriguez’s car. Robin claimed that Rodriguez rolled into his car, a claim which Rodriguez dismissed as patently false. Robin fled from the scene, only returning when Roman was able to reach him, after the police contacted his father.

Roman moved for summary judgment dismissing the complaint as against him. The basis for Roman’s motion was that he claims that his son was driving the vehicle without his permission, such that he should not be liable for the accident pursuant to Vehicle and Traffic Law § 388.

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

Damaged Alleged from Water Raining Down from Penthouse Fireplace

Posted on June 15, 2023 | Comments Off on Damaged Alleged from Water Raining Down from Penthouse Fireplace

This was originally published on the SGR Blog.

Did Condo Unit Owner Have Claim Against Board/Managing Agent?

William Etkin, the owner of a unit at the 500 West 21st Street Condominium, alleged that, beginning in late 2015, not long after purchasing his condominium unit, he noticed a significant smoke condition in his unit and on his floor, which was allegedly emanating from the fireplace in a penthouse unit of the building. Etkin also alleged that, since March 2021, concrete mortar and water had been raining down from the terrace above his unit, causing damage to his terrace. Etkin alleged that he repeatedly notified the Board and Sherwood Residential Management, LLC, the Condo’s Managing Agent, of those issues and that they refused or failed to address them.

Etkin claimed that those matters were the Board’s responsibility under the Condominium By-Laws and Sherwood’s responsibility under the Management Agreement. Etkin further alleged financial improprieties by the Board and Sherwood, who allegedly permitted various expenses to be borne by condo unit owners when they were the responsibility of other parties. The Board and Sherwood moved to dismiss Etkin’s complaint.

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

Tenant Sues Owner/Manager for Personal Injuries

Posted on June 12, 2023 | Comments Off on Tenant Sues Owner/Manager for Personal Injuries

This was originally published on the SGR Blog.

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.

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

Frozen Pipe Bursts on Ninth Floor of Commercial Co-Op

Posted on June 8, 2023 | Comments Off on Frozen Pipe Bursts on Ninth Floor of Commercial Co-Op

This was originally posted on the SGR Blog.

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 burst on February 1, 2015 and caused damages to a space occupied by Metro/Daylight on the 8th floor of 450 West 31st Street. Good Light moved for dismissal and/or summary judgment.

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Posted in Co-Ops, Litigation, New York Law, Real Estate

Homeowner Charged Neighbor with Illegal Operation of Commercial Business

Posted on June 5, 2023 | Comments Off on Homeowner Charged Neighbor with Illegal Operation of Commercial Business

This was originally posted on the SGR Blog.

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 asserted causes of action for nuisance, negligent infliction of emotional distress, and punitive damages.

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Posted in Litigation, New York Law, Real Estate

“Slip and Fall” in Building Elevator On Rainy Day

Posted on June 1, 2023 | Comments Off on “Slip and Fall” in Building Elevator On Rainy Day

This was originally published on the SGR Blog.

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.

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Posted in Litigation, New York Law, Personal Injury