In a case of first impression, RICHTER RESTREPO, PLLC's co-managing partner, Juan C. Restrepo, Esq. and Associate Eoin O’Mahony, Esq., successfully argued for dismissal of the landlord’s case against commercial tenant, Elevations Urban Landscape Design, Inc., and obtained an award of legal fees for the client under New York City’s Non-Residential Harassment law.

On February 13, 2020, in the matter of One Wythe LLC v. Elevations Urban Landscape Design, Inc., 66 Misc. 3d 1223(A), 2020 NY Slip Op 50220(U) [Index No. LT-77696-19/KI], Hon. Sandra E. Roper dismissed the landlord’s case finding that the landlord had wrongfully sought to evict the tenant on a month-to-month holdover basis, even though the tenant had a valid lease that remained in effect. At a March 4, 2020 hearing on the landlord’s motion to re-argue the Court’s dismissal, Justice Roper confirmed her prior dismissal order and proceeded to conduct a hearing on the harassment claim. In its decision:

•     The Court held that the standard to be utilized on non-residential harassment claims is that of a “reasonable person”;

•    The Court held that the 2019 amendments to the Non-Residential Harassment Law eliminated the requirement that a commercial tenant prove the landlord’s intent and, instead reasoned that the focus of the determination is the effect on the tenant;

•    The Court held that, as matter of public policy, the 2019 amendment required the “immediate retroactive” application of the law in order to effectuate the law’s

beneficial purpose; and •    The Court allowed the tenant’s harassment claim to proceed on the motion to dismiss, rather than affirmatively, as a counterclaim or a separate action, because the harassment was in part due to the landlord’s commencement of successive frivolous proceedings.

In addition to dismissal, the Court found that the proceedings filed by the landlord were repeated frivolous proceedings for purposes of the Harassment Law and, therefore, awarded the commercial tenant a significant judgment for legal fees. One Wythe LLC v. Elevations Urban Landscape Design Inc., 2020 NY Slip Op 50437(U) [Index No. LT- 77696-19/KI].

To read a more comprehensive summary of the Decisions, click here

To read the two published Decisions, click here and  here.

RICHTER RESTREPO, PLLC is proud of this victory. If you have questions regarding your commercial and residential landlord or tenant rights, do not hesitate to reach out to a member of our team for a free 30 min consultation.

Attorney Advertising Only
The content of this newsletter is designed for general information purposes, and it should not be construed to present legal advice, nor the formation of an attorney-client relationship. Prior results do not guarantee future outcomes.

Published: 04/28/2020