Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Asher v. 101 W. 78th LLC

Tenant's Complaint for Declaratory Relief in Alleged Wrongful Eviction Action Denied

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion:Papers NumberedNotice of Motion and Cross-Motion, Affidavits/Affirmations/Memos of Law annexed       1, 2Opposition Affidavits/Affirmations and Memo of Law annexed         3, 4Reply Affidavits/Affirmations/Memos of Law annexed       5DECISION/ORDER

*1 Plaintiff May Asher (“Plaintiff”) brought this action against Defendants 101 West 78th, LLC (“101 West”) and Mark Rishe (“Rishe”) (collectively “Defendants”) for damages seeking compensatory damages, treble damages, injunctive and declaratory relief. Plaintiff is in her 80′s and resides as a rent controlled tenant in an apartment located in a building owned by 101 West. 101 West is the named sponsor of an offering of condominiums in the building. Rishe is the former managing director of First Service Residential New York, Inc. (“First Service”), which is the managing agent of the building. Plaintiff alleges in substance that she was wrongfully evicted, intimidated, threatened and harassed when she was forced to temporarily relocate while construction work was being performed in her apartment and in other areas of the building.Defendants move to dismiss Plaintiff’s complaint against Rishe, pursuant to CPLR 308, 3211(a)(8) and 3211(e), for lack of personal jurisdiction and pursuant to CPLR 3212 because Rishe acted as a disclosed agent of 101 West and he has no personal liability for Plaintiff’s alleged causes of action. Defendants also move for summary judgment dismissal of each cause of action alleged in Plaintiff’s complaint. Plaintiff opposes Defendants’ motion and cross-moves to extend the time to serve Rishe and to amend the caption. Defendants oppose Plaintiff’s cross-motion. For the reasons set forth herein, the court grants Defendants’ motion to dismiss Plaintiff’s complaint against Rishe for lack of personal jurisdiction and for summary judgment in favor of both Defendants. As such, Plaintiff’s complaint is dismissed against both Defendants and Plaintiff’s cross-motion is denied.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
General Counsel Conference Midwest: SuperConference 2024
April 16, 2024 - April 17, 2024
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
GlobeSt Net Lease Spring 2024
April 16, 2024 - April 17, 2024
New York, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More
Go to Events Go to Webcasts
Chicago Labor and Employment Junior Associate

Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Associate Attorney

Tired of the stress of the big city? Are you looking to improve your quality of life? Then consider practicing law at the Jersey Shore. Pe...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements