Case Type
Retaliation, Breach of Fiduciary Duty
Housing Type
Co-op
Court
Supreme Court of the State of New York, Appellate Division, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
807753/22
Slip Opinion Number
2024 NY Slip Op 00863
Petitioner
Paul T. Gentile et al.
Respondent
2400 Johnson Ave. Owner, Inc., Board of Directors of 2400 Johnson Avenue Owners, Inc., Laura Fieber, James F. McShane, David Kahn, Jim Corollo, and Biswa Bhowmick
Judge
Singh, J.P., Moulton, Gesmer, Mendez, Rodriguez
Decision/Order Date
2024-02-20
Posture
Other
Disposition
Motion Denied for Landlord, Complaint Dismissed in Part
Winner
Tenant Substantially Won
Synopsis
Tenant sued landlord for retaliatory eviction and breach of fiduciary duty after complaining about water quality in their apartment. The court found the tenant sufficiently pleaded both causes of action and denied the landlord's motion for summary judgment. However, the court dismissed the tenant's claim for inspection of the building's books and records. Key legal points: 1) Tenants can sue for retaliation if they are evicted in response to good-faith complaints about habitability issues. 2) Board members of cooperatives owe fiduciary duties to the shareholders. 3) Landlords must meet a high burden of proof to win summary judgment on retaliation claims.
Recommended Citation
"Gentile v. 2400 Johnson Ave. Owner, Inc." (2024). All Decisions. 1382.
https://ir.lawnet.fordham.edu/housing_court_all/1382
