Supreme Court of the State of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2024 NY Slip Op 30185(U)
71 WASHINGTON PLACE OWNERS, INC.
NORMAN RESNICOW, BARBARA RESNICOW
Cohen, Joel M.
Post-answer Motion by Landlord
Motion Granted for Landlord
Landlord Substantially Won
The court reached three decisions in this case. 2/3. Landlord brought an ejectment action against tenant for nuisance. Tenant moved to suppress certain audio recordings of tenant's loud arguments, which were made by fellow tenants in public areas of the building. The court denied tenant's motion to suppress, finding that the recordings were "freely overheard" and thus did not violate tenant's reasonable expectation of privacy. Key Legal Points: (1) A person who speaks in a tone audible to a person outside his door does not have a reasonable expectation of privacy; (2) There is no meaningful difference between recording sounds "freely overheard" in a single location versus recordings made while moving from one publicly accessible location to another to hear the sounds more clearly.
"71 Wash. Place Owners, Inc. v. Resnicow" (2024). All Decisions. 1310.