Case Type

Unjust Enrichment

Housing Type

HDFC

Court

Appellate Division, Second Department

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

513966/19

Slip Opinion Number

2024 NY Slip Op 05082

Petitioner

374-76 Prospect Place Tenants Association, Inc.

Respondent

City of New York, et al.

Judge

Barros, Betsy; Maltese, Joseph J.; Wooten, Paul; Love, Laurence L.

Decision/Order Date

2024-10-16

Posture

Other

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

The tenant sued the landlord, alleging breach of contract, promissory estoppel, breach of fiduciary duty, and unjust enrichment. The landlord had allegedly promised to convert the building into a low-income cooperative under the TIL program. The court affirmed the denial of the landlord's motion to dismiss, allowing the claims to proceed, as the tenant plausibly alleged a contract, fiduciary relationship, and detrimental reliance on the landlord's promises.

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