Landlord Retaliation; Good Cause Eviction Law; Brokerage Commissions: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Ogundiran v. Spira," "DOC Realty Management Inc. v. Morales," and "Macklowe Inv. Props. v. MIP 57th Dev. Acquisition."
October 29, 2024 at 12:12 PM
15 minute read
Landlord-Tenant—Defendants Allegedly Broke Into Apartment, Illegally Photographed It, Caused the Loss of Tenant's Father's Ashes and Listed Apartment On Zillow—Court Granted Motion To Dismiss All Claims—Landlord Retaliation Claim Dismissed—Plaintiff Had Not Engaged In Any Protected Tenant Activity—Invasion of Privacy Claim Dismissed—No Violation of Civil Rights Law §§50 and 51—Property Damage, Nuisance and Intentional Infliction of Emotional Distress Claims Dismissed Based On Statutes of Limitations—RPL §223-b (Landlord Retaliation)—Alleged Unlawful Camera Surveillance—Penal Law §250.45—Landlord Allegedly Engaged In "Pattern of Harassment and Mistreatment" That "Persisted Over Time"—Plaintiff Unsuccessfully Asserted "Continuing Violation Doctrine" and "Discovery Rule" Tolled Statute of Limitations
In this action, commenced on March 1, 2024, the plaintiff asserted five causes of action against three defendants. The plaintiff tenant occupied apartment 1 in the subject building (property). The property was sold at foreclosure to a defendant L.P. (defendant) on or about March 7, 2019. On Dec. 18, 2020, the property had been resold to a defendant LLC. An individual defendant is a member of the LLC.
The plaintiff alleged that on Aug. 16, 2019, members of the defendant "broke into plaintiff's apartment without court authorization, illegally photographed the apartment, and listed the property on Zillow." The plaintiff also asserted that "[p]ersonal items went missing, and plaintiff's privacy was abridged." The missing personal property allegedly included the tenant's father's ashes.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Elliott Management vs. Southwest Airlines Faceoff: Who Won and What Determined the Outcome?
7 minute readNot All Secrets Are Trade Secrets: SDNY Examines the Limits of NDA Protection
13 minute readLaw Firms Mentioned
Trending Stories
- 1Construction Worker Hit By Falling Concrete Settles Claims for $2.3M
- 2Phila. Jury Hits Sig Sauer With $11M Verdict Over Alleged Gun Defect
- 3Lost in the Legal Maze: How State Regulations Are Hindering Hemp Operators' Success
- 4New Associates Yearbook 2024
- 5Disbarred Attorney Alleges ADA Violations in Lawsuit Against Miami-Dade Judges
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250