Jemrock Realty Co., LLC v. Sternberg

Landlord sued tenants (son and daughter-in-law of deceased tenant) claiming they didn\u27t qualify for succession due to frequent absences from the apartment. Court denied landlord\u27s motion for summary judgment, finding issues of fact regarding primary residence and excusable absences require a trial. Additionally, the younger tenant didn\u27t qualify for the senior citizen co-occupancy exception. Key points: 1) Tenants seeking succession must prove primary residence. 2) Temporary absences may be excusable. 3) Disabled person exception requires proof of major life activity limitation. 4) Senior citizen co-occupancy only applies to tenants 62 or older at the original tenant\u27s death

Shu Ming Wang v. Moises

Wang v Moises is a Holdover-Lease Expiration case in the Civil Court of the City of New York, Kings County. The landlord sought possession of the property alleging lease expiration, while the tenants argued for de facto rent stabilization due to a disputed sixth unit in the basement. The court, after weighing evidence including testimony and documents, found in favor of the landlord, ruling that the basement did not constitute a separate housing unit and thus denying the tenants\u27 rent stabilization claim. The court also upheld the validity of the termination notice issued by the landlord. This judgment highlights the importance of proving the existence of additional housing units for rent stabilization purposes and the burden of proof placed on the landlord in such cases

September 2024

https://ir.lawnet.fordham.edu/maloney_matters/1036/thumbnail.jp

71 Washington Place Owners, Inc. v. Resnicow

The court reached three decisions in this case. 3/3. The landlord sought to evict the tenant due to repeated instances of objectionable conduct, including verbally assaulting other shareholders and staff, trespassing, and engaging in disruptive behavior. The court ruled in favor of the landlord, finding that the decision to terminate the lease was protected by the business judgment rule and that the tenant failed to demonstrate bad faith or discrimination on the part of the landlord. Key Legal Points: Courts will generally defer to decisions made by boards of directors in business settings; shareholders have a right to expect reasonable behavior from other shareholders; and cooperatives have broad discretion to make decisions about the management of their buildings

2 Riverside Drive LLC v. Truth

The landlord sued the tenant for unpaid rent from October 2021 through August 2023. The court granted the landlord\u27s motion for default judgment against the tenant for $40,425, plus costs and disbursements. The court also allowed the landlord to seek an additional judgment for attorney fees, but the amount will be determined later based on further documentation. Key legal points: The tenant did not appear in court. The landlord established that the tenant was a month-to-month tenant after the expiration of their lease. The landlord provided evidence of the unpaid rent amount. The court was skeptical of the landlord\u27s requested attorney fees of$20,000 and required further documentation

Minutes Are Worth the Minutes: Good Documentation Practices Improve Board Deliberations and Reduce Regulatory and Litigation Risk, Given as the 21st Annual DeStefano Lecture

This Essay, originally the basis for the 21st Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law given on February 27, 2024, at Fordham University School of Law, addresses the importance of good corporate minuting and board documentation practices. Using lessons from Delaware cases where the quality of these practices has determined the outcome of motions and cases, this Essay identifies effective and efficient practices to better address this decidedly not sexy, but unquestionably essential, corporate governance task. The recent Delaware cases underscore the importance of quality and timely documentation of board decision-making, the material benefits of doing things right, and the considerable downside of sloppy, tardy practices