Case Type

Other

Housing Type

Co-op

Court

Appellate Division, First Department

County

New York County (Manhattan)

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

655904/24

Slip Opinion Number

2026 NY Slip Op 01852

Petitioner

Svetlana Lekhner

Respondent

205-54 House Inc.

Judge

Manzanet-Daniels, Scarpulla, Kapnick, Higgitt, Rosado

Decision/Order Date

2026-03-26

Posture

Pre-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The Appellate Division affirmed the Supreme Court's dismissal of an evicted cooperative tenant's claims for money damages. The tenant, whose shares were auctioned to satisfy a nonpayment judgment, argued the landlord had an implied contractual duty to conduct the auction with a minimum bid to protect her profit. The court found no such implied contract. Additionally, the tenant's claim under RPAPL § 702, challenging non-maintenance charges in the prior nonpayment judgment, was barred by res judicata as the issue had been litigated. The landlord's motion to dismiss the complaint was properly granted.

Keywords

Coop; Shareholder Evicted in Nonpayment and Shares Auctioned to Satisfy Arrears; Shareholder’s Claim that Coop Had Contractual Duty Implied in Fact to Sell Shares at Auction with Minimum Bid Dismissed; Claim Against Coop Under RPAPL § 702 Based on Money Judgment in Nonpay for Non-Maintenance Charges Dismissed as Res Judicata

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