Showing 61–80 of 93 results
Contrary to the lower court’s finding, we note that the presumption of retaliation found in Real Property Law § 223-b (5) has no application to the facts of this case since the grava*354men of the wrong herein was...
The statutory presumption of retaliation does not apply here, since the cooperative terminated plaintiffs’ tenancy based on their alleged violation of the terms and conditions of the proprietary lease (see Real Property Law § 223-b [5]). Moreover, as noted, there...
The statutory presumption of retaliation does not apply here, since the cooperative terminated plaintiffs’ tenancy based on their alleged violation of the terms and conditions of the proprietary lease (see Real Property Law § 223-b [5]). Moreover, as noted, there...
...Even assuming, without deciding, that tenant’s proof was sufficient to give rise to the statutory presumption of landlord retaliation (see Real Property Law § 223-b [5]), the pre-answer record now before us raises but does not resolve several...
...It asserted first that the proceeding was brought in retaliation for Kaplan’s commencement of a Supreme Court action against landlord to recover damages for personal injuries that Kaplan suffered when the stove in the apartment exploded. It further asserted...
Indeed, as particularly relevant in this case, where the landlord was found to have engaged in improper retaliation, a contrary conclusion based on the dissent’s narrow construction of Real Property Law § 234 would undermine one of the key purposes...
Indeed, as particularly relevant in this case, where the landlord was found to have engaged in improper retaliation, a contrary conclusion based on the dissent’s narrow construction of Real Property Law § 234 would undermine one of the key purposes...
Plaintiffs’ argument based on Real Property Law § 223-b, entitled "Retaliation by landlord against tenant”, cannot be entertained, since made for the first time on appeal, and is, in any event, without merit, since plaintiffs never claimed damages for a...
...For example, respondents assert both as a defense and as a counterclaim that petitioner brought this proceeding to retaliate against them for lodging complaints about, among other things, a lack of heat; however, petitioner avers that respondents destroyed the heating...
...Cohen, J.), entered August 2, 2021, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss plaintiff's claims for retaliation under Real Property Law § 223-b, breach of the warranty of habitability...
...Cohen, J.), entered August 2, 2021, which, to the extent appealed from as limited by the briefs, granted defendant's motion to dismiss plaintiff's claims for retaliation under Real Property Law § 223-b, breach of the warranty of habitability...
...at the very least, would have been earning him more than $500 per month in rent since 1974), and that enforcement of the law (i.e., insisting that the tenant conform to the certificate of occupancy) cannot be considered retaliation.
The court properly sustained the tenant's combined affirmative defense and first counterclaim for retaliation under Real Property Law § 223-b and third counterclaim for tenant harassment under Administrative Code § 27-2004(a)(48). The record shows that the landlord...
The court properly sustained the tenant's combined affirmative defense and first counterclaim for retaliation under Real Property Law § 223-b and third counterclaim for tenant harassment under Administrative Code § 27-2004(a)(48). The record shows that the landlord...
...Barr sought to retaliate against Mr. Huggins for withholding rent, and would not otherwise have commenced this case.
...Law § 223-b [1] [b].) However, because withholding rent is not equivalent to commencing an action or proceeding to enforce rights under section 235-b, it is insufficient to create a rebuttable presumption of retaliation. (See § 223-b [5] [b].)
...Although plaintiff argues for the first time on appeal that the January 2020 so-ordered stipulation was the basis for his retaliation claim, plaintiff fails to allege facts that would warrant setting aside the stipulation (see e.g. Citibank v...
...Although plaintiff argues for the first time on appeal that the January 2020 so-ordered stipulation was the basis for his retaliation claim, plaintiff fails to allege facts that would warrant setting aside the stipulation (see e.g. Citibank v...
...In the context of this long-pending “summary” eviction proceeding and considering the welter of documents bearing on the retaliation issue previously obtained by appellants pursuant to subpoena, we cannot say that appellants demonstrated “ample need” for additional information on...
...Petitioner established that it did not seek to evict respondents in retaliation for their good faith complaint of a code violation or participation in the activities of a tenants’ organization (see, Real Property Law § 223-b [1] [a], [c]), and...