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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 41–60 of 93 results

LAZY ACRES PARK, LLC v. FERRETTI, PAUL, 118 A.D.3d 1406 (2014)

LAZY ACRES PARK, LLC v. FERRETTI, PAUL, 118 A.D.3d 1406 (2014) New York state

LAZY ACRES PARK, LLC v. FERRETTI, PAUL 118 A.D.3d 1406 Date filed: 2014-06-20 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/4305920/lazy-acres-park-llc-v-ferretti-paul/ --- 010combined ---

Munoz v. 221 West 16th Realty LLC, 24 A.D.3d 112 (2005)

Munoz v. 221 West 16th Realty LLC, 24 A.D.3d 112 (2005) New York state

Munoz v. 221 West 16th Realty LLC 24 A.D.3d 112 Date filed: 2005-12-01 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/5834878/munoz-v-221-west-16th-realty-llc/ --- 020lead ---

Cordon v. 698 Realty, L. L. C., 288 A.D.2d 45 (2001)

Cordon v. 698 Realty, L. L. C., 288 A.D.2d 45 (2001) New York state

Cordon v. 698 Realty, L. L. C. 288 A.D.2d 45 Date filed: 2001-11-08 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/6212592/cordon-v-698-realty-l-l-c/ --- 020lead ---

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

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

Pearl v. 305 East 92nd Street Corp. 156 A.D.2d 122 Date filed: 1989-12-05 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/6055837/pearl-v-305-east-92nd-street-corp/ --- 020lead ---

People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992)

People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992) New York state

...Illogically, the majority goes on to state that this fact must mean that the notice was served to retaliate against the tenants for complaining to governmental agencies. We cannot accept this conclusion. The issue of whether the notice was served...

339-347 E. 12th St. LLC v. Ling, 35 Misc. 3d 30 (2012)

339-347 E. 12th St. LLC v. Ling, 35 Misc. 3d 30 (2012) New York state

339-347 E. 12th St. LLC v. Ling 35 Misc. 3d 30 Date filed: 2012-03-08 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/6313080/339-347-e-12th-st-llc-v-ling/ --- 020lead --- OPINION OF THE COURT

Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)

Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014) New York state

Graham Court Owner's Corp. v. Taylor 115 A.D.3d 50 Date filed: 2014-01-21 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/6107762/graham-court-owners-corp-v-taylor/ --- 020lead by Renwick --- OPINION OF THE COURT

Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)

Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014) New York state

Graham Court Owner's Corp. v. Taylor 115 A.D.3d 50 Date filed: 2014-01-21 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/6107758/graham-court-owners-corp-v-taylor/ --- 020lead by Renwick --- OPINION OF THE COURT

Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015)

Graham Court Owner's Corp. v. Kyle Taylor, 24 N.Y.3d 742 (2015) New York state

Graham Court Owner's Corp. v. Kyle Taylor 24 N.Y.3d 742 Date filed: 2015-02-19 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/2780292/graham-court-owners-corp-v-kyle-taylor/ --- 010combined by Rivera ---

Section 3025

Baer v. Huggins, 41 Misc. 3d 605 (2013) New York state

...Barr served his notice to quit in retaliation for Mr. Huggins having taken action that is protected under section 223-b.

Baer v. Huggins, 41 Misc. 3d 605 (2013)

Baer v. Huggins, 41 Misc. 3d 605 (2013) New York state

...dwellings with less than four units.” (Real Property Law § 223-b [6].) It provides, among other things, that no landlord shall serve a notice to quit or commence a summary proceeding to recover possession of real property in retaliation for

Chan v. Adossa, 195 Misc. 2d 590 (2003)

Chan v. Adossa, 195 Misc. 2d 590 (2003) New York state

The retaliatory eviction affirmative defense and counterclaims are dismissed because these were based solely on a claim that landlord brought this proceeding in retaliation for a complaint made by tenant to HPD. However, landlord established in his motion papers, and...

601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)

601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000) New York state

...Real Property Law § 223-b prohibits a landlord from serving a notice to quit or commencing a summary proceeding in retaliation for a tenant’s participation in the activities of a tenants’ association or organization. (Real Property Law § 223-b...

East 145 Co. v. Benayoun, 190 Misc. 2d 164 (2001)

East 145 Co. v. Benayoun, 190 Misc. 2d 164 (2001) New York state

...I disagree only with that part of the majority decision which found as a matter of law that the commencement of this eviction proceeding was not in retaliation for the tenant having successfully prosecuted a personal injury action against the...

Section 223-b

Baer v. Huggins, 41 Misc. 3d 605 (2013) New York state

Section 223-b provides for a rebuttable presumption of retaliation where, among other things, a landlord serves a notice to *611quit or commences a proceeding to recover possession within six months after the tenant makes a good faith complaint “to...

Matter of Kirkview Assoc. LP v. Amrock, 2018 NY Slip Op 2389 (2018)

Matter of Kirkview Assoc. LP v. Amrock, 2018 NY Slip Op 2389 (2018) New York state

...As such, a statutory presumption of retaliation arose that obliged petitioner to come forward with "a credible explanation of a non-retaliatory motive for [its] acts" that would "overcome and remove the presumption unless [respondent] disprove[d] it by a...

Hillside Park 168, LLC v. Hossain (2018)

Hillside Park 168, LLC v. Hossain (2018) New York state

...in the building had commenced an action in the Supreme Court for rent overcharges, deceptive business practices, harassment and retaliation. As limited by its brief, landlord appeals from so much of an order of the Civil Court as granted that...

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

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

...a fiduciary duty, that the board defendants engaged in misconduct by failing to investigate or address plaintiffs' complaints and retaliating against them, and that plaintiffs suffered damages by reason of that misconduct (see Burry v Madison Park Owner LLC, 84...