Case Type
Holdover-Nuisance
Housing Type
Co-op
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
151602/2022
Slip Opinion Number
2024 NY Slip Op 30186(U)
Petitioner
71 Washington Place Owners, Inc.
Respondent
Norman Resnicow and Barbara Resnicow
Judge
Cohen, Joel M.
Decision/Order Date
2024-01-16
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The court reached three decisions in this case. 3/3. The landlord sought to evict the tenant due to repeated instances of objectionable conduct, including verbally assaulting other shareholders and staff, trespassing, and engaging in disruptive behavior. The court ruled in favor of the landlord, finding that the decision to terminate the lease was protected by the business judgment rule and that the tenant failed to demonstrate bad faith or discrimination on the part of the landlord. Key Legal Points: Courts will generally defer to decisions made by boards of directors in business settings; shareholders have a right to expect reasonable behavior from other shareholders; and cooperatives have broad discretion to make decisions about the management of their buildings.
Recommended Citation
"71 Washington Place Owners, Inc. v. Resnicow" (2024). All Decisions. 1311.
https://ir.lawnet.fordham.edu/housing_court_all/1311
