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.
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