Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton, brought an action against the County of Nassau, the Nassau County Police Department, and four emergency responders. She claimed that the emergency responders violated her and her husband’s Fourth, Fifth and Fourteenth Amendment constitutional rights and committed the…
A landlord of a New York City restaurant obtained a warrant of eviction pursuant to a default judgment. A city marshal executed the warrant and barred the tenant from the restaurant. Shortly thereafter, a court granted a temporary restraining order (TRO) staying the landlord from removing the tenant’s property from the premises, restored the tenant…
The landlord served the tenant with a notice of termination for physically assaulting him and making alterations to his bathroom and kitchen without permission. After the landlord started a holdover eviction proceeding, the tenant filed an answer alleging that the landlord had assaulted him, not the other way around, and was facing criminal charges. He…
The son sued to impress a constructive trust on his father’s home. When the son was married, he accepted his father’s offer to convert the upstairs floor of his one-family house into an apartment where the son and his wife would live and in 15 years it would be the son’s. The son paid his…
A Brooklyn, NY Housing Court judge has denied the request of a man to evict his former wife. The judge dismissed the holdover proceeding brought by Mr. O against Ms A., holding that the familial relationship between the two barred her eviction from the apartment. The couple moved into the apartment in 2007 and married…
Smith was retained by health insurance broker GHS to service its clients and to locate new business for it. Smith signed a non-compete agreement that he would not solicit insurance business from any of GHS’s insurance accounts for three years following the termination of his employment. After terminating Smith for cause, GHS sued him for…
New York landlords often make costly mistakes by failing to: Use rental applications to screen tenants. Use criminal/credit/tenant screening reports. Use move-in/move-out checklists. Obtain payment of security deposit and rent and tenant’s signature on the lease before giving the keys to the tenant. Include attorney’s fees, late fees and added rent provisions in the lease.…
Landlord sued to recover for nonpayment of rent. Tenant counterclaimed for return of his security deposit. Tenant testified he was terrified in his apartment and neighborhood, had been threatened and that someone tried to break into his unit. Tenant alleged that his and his wife’s lives were in danger and informed landlord of his intent…
Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a…
A defendant charged with driving while intoxicated (DWI) moved for dismissal arguing he was denied his statutory right to a speedy trial since prosecutors were not ready for trial within 90 days as required by New York Criminal Procedure Law §30.30. The New York County Criminal Court granted a hearing to establish if prosecutors met…
