Category Archives: Real Estate

This was originally posted on the SGR Blog.

Was Landlord’s Conduct Actionable/Sanctionable?

On August 11, 2021, Arlene Marie Karole filed a small claims action against 340 West End Ave, LLC, seeking $3,851.89 in damages for, among other things, the failure to return a security deposit for an apartment which Karole had leased from West End.

The Court conducted a nonjury trial from 10:25 a.m. and concluding at 12:25 pm. Karole appeared virtually via MS Teams. And West End appeared in person by Steven Kirschner, the president of Kay Equities, the management company of the apartment building. The trial was held on the record via FTR recording in Room 419 at 111 Centre Street, New York, New York.

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.

This was originally published on the SGR Blog.

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.