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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pearl v. 305 East 92nd Street Corp., 156 A.D.2d 122 (1989)

Citation
Pearl v. 305 East 92nd Street Corp., 156 A.D.2d 122 (1989)
Parent Document
Pearl v. 305 East 92nd Street Corp., 156 A.D.2d 122 (1989)
Jurisdiction
New York (state)
Effective Date
1989-12-05

Full Text

1,893 chars
This is a wrongful eviction action by a tenant against his erstwhile landlord, 305 East 92nd Street Corp. (305 Corp.), and the managing agent of his multiple dwelling, City Views Real Estate, Inc. (Views, Inc.), in which he has also joined as a defendant the law firm of Rosenberg & Estis, P. C. (R&E), which at all pertinent times represented 305 Corp. and Views, Inc. The complaint asserts five causes of action: (1) forcible and unlawful entry and detainer; (2) a claim under RPAPL 713 on the same theory; (3) a claim under RPAPL 853; (4) trespass; and (5) retaliatory eviction. An essential ingredient of these causes of action (with the possible exception of No. 4) is a landlord-tenant relationship between the dominant adverse parties: Each count of the complaint is pleaded against all three "defendants” indiscriminately, except for a single reference (para 37) to R&E as "officers of this Court” who are supposedly responsible for plaintiff’s wrongs as "knowledgeable practitioners of the relevant law.” However, advice of counsel with respect to a client’s course of conduct, even if pleaded as "condonation”, does not thereby and without more metamorphose into a cause of action by a third party against that counsel. In Green v Fischbein Olivieri Rozenholc & Badillo (119 AD2d 345, 348), we held in a virtually identical factual situation: "It is clear that the causes of action premised entirely on the landlord-tenant relationship should be dismissed as against the law firm. The tenth cause of action, sustained by Special Term as a cause of action for retaliatory eviction, is properly pleaded against the landlord (Real Property Law § 223-b [3]). Sufficient is alleged to sustain the cause of action as a pleading. However, this cause is not properly pleaded against the law firm since it emanates solely from the landlord-tenant relationship between plaintiff and Walentas.”