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… Read more

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… Read more

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… Read more

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,… Read more

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. It was undisputed that… Read more

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… Read more

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… Read more

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. An accident occurred on a rainy day when Kwan and her daughter, Kate Lee, exited a… Read more

Was Testimony Incredible as a Matter of Law? In automobile accident cases, our Courts are often presented with eye-witness testimony that conflicts with expert accident reconstruction evidence. Is there a point where the physical evidence renders the testimony incredible? Jennifer Brulatour, as administrator of the estate of Keith Brulatour, sued to recover for personal injuries arising out of a cross-over motor vehicle accident. Keith testified that a vehicle operated by Bienna Cooney crossed over into his lane of traffic and struck his vehicle head on before he had any opportunity to take evasive action. His son, Matthew, averred that he… Read more

Did Facts Support Claim of Emotional Distress? Occasional disputes between neighbors are a common occurrence of residential cooperative/condominium life. But, as a recent case illustrates, the Court may have to decide if an alleged course of false complaints and hallway confrontations constituted a legally cognizable claim for intentional or negligent infliction of emotional distress. In two actions, next-door-neighbor shareholders of a Manhattan co-op were at loggerheads. Danielle Toussie, Michael Toussie, and Deborah Touisse sued the cooperative corporation, Park Towers Tenants Corp., alleging that the Board was wrongfully attempting to terminate their proprietary lease based on false complaints of loud noises and… Read more