Gentile v. 2400 Johnson Ave. Owner, Inc., 2024 NY Slip Op 00863 (2024)

Citation: Gentile v. 2400 Johnson Ave. Owner, Inc., 2024 NY Slip Op 00863 (2024)
Parent Document: Gentile v. 2400 Johnson Ave. Owner, Inc., 2024 NY Slip Op 00863 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-02-20
Original Source: https://www.courtlistener.com/opinion/9476700/gentile-v-2400-johnson-ave-owner-inc/ ↗

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Plaintiffs, who are shareholders in defendant cooperative, stated a cause of action for retaliation under Real Property Law § 223-b by pleading that the board defendants issued a notice of default just five weeks after plaintiffs complained about the quality of the water in their apartments (Real Property Law § 223-b[1] ["[n]o landlord . . . shall serve a notice to quit upon any tenant . . . in retaliation for" good-faith complaints regarding health, safety, the warranty of habitability, or the duty to repair or "[a]ctions taken in good faith . . . to secure or enforce any rights" under to the lease, the warranty of habitability, or the duty to repair]).

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