Case Type

Other

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

850655/2023

Slip Opinion Number

2024 NY Slip Op 34021(U)

Petitioner

Emile Topilin

Respondent

Island House Tenants Corp., United Nations Federal Credit Union

Judge

Kahn, Francis A.

Decision/Order Date

2024-11-08

Posture

Post-answer Motion by Defendants

Disposition

Motion Granted for Defendants

Winner

Landlord Substantially Won

Synopsis

Plaintiff, the tenant, sought relief from a fire-related dispute involving a breach of contract, negligence, and other claims against both the cooperative and the lender. The court dismissed the case, ruling that the claims were time-barred and failing to establish a cause of action for breach of contract, negligence, or fiduciary duty. The landlord and lender were acting within their contractual rights, and the tenant’s failure to maintain insurance and comply with lease obligations led to the dismissal of the claims.

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