Case Type
Holdover-Breach of Lease
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
654980/2021
Petitioner
390 Riverside Owners Corp.
Respondent
Arthur Stout, Susan Stout
Judge
Saunders, Vernal L.
Decision/Order Date
2024-02-29
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The co-op/landlord sought summary judgment against the tenants, who refused access for repairs to a leak allegedly originating from their apartment. The landlord, relying on the business judgment rule and a plumber's assessment, argued that the repairs were necessary under the terms of the proprietary lease. The court found in favor of the landlord, granting summary judgment, declaring the tenants obliged to provide access for repairs, dismissing their affirmative defenses and counterclaims, and referring attorney fees to a special referee. Key legal points include application of the business judgment rule to cooperative board decisions, tenant obligations under the lease to allow access for repairs, and the landlord's entitlement to summary judgment based on evidence of a leak and the cooperative board's good faith actions.
Recommended Citation
"390 Riverside Owners Corp. v. Arthur Stout et al." (2024). All Decisions. 1425.
https://ir.lawnet.fordham.edu/housing_court_all/1425
