Scott Mollen Rights of Lessees Against Neighboring Lessees; ERAP Application Cannot Be Used To Delay Eviction: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.
October 03, 2023 at 11:52 AM
15 minute read
Co-Ops—RPAPL §853 Does Not Protect Shareholders Against Misconduct by Neighboring Shareholders—RPAPL §853 Is "Designed To Safeguard the Rights of Lessees Against Their Lessors"—Court Denied Motion To Dismiss Private Nuisance and Intentional Infliction of Emotional Distress—Court Dismissed Harassment, Damage to Leasehold, Personal Injury, Unlawful Eviction, and Prima Facie Tort Claims—New York Does Not Recognize a Common Law Claim for Harassment—Defendant Allegedly Banged On Ceiling, Screamed Profanities and Upset Shareholder's Child
This decision involved a defendant's motion pursuant to CPLR §3211(a)(1) and (7) to dismiss a complaint which had been filed by "two parents, suing on their own and their children's behalf (plaintiffs)."
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