Second 82nd Corp. v Veiders, 2016 NY Slip Op 50652(U)
Susan represented the tenant at trial in this nonprimary residence case. Susan presented thorough evidence to successfully persuade the court that the tenant’s absence from the apartment was “temporary and excusable” on the basis that he was dealing with family matters. Susan successfully defended an appeal by the landlord and the appellate court agreed with Susan’s winning theory, securing a clearer path to victory for tenants who might otherwise be forced to choose between keeping their apartment and taking care of their families. Read the trial decision here.
150 W. 21st LLC v Doe, 2016 NY Slip Op 50169(U)
In this case, the landlord sued a long-time rent stabilized tenant using concocted nuisance claims. After the trial court dismissed the case for insufficient evidence, Susan wrote the winning brief on appeal convincing the appellate court to uphold the trial court’s finding.
Second & Third Ave LLC v DHCR, 2015 NY Slip Op 08087
Susan intervened on behalf of the tenant in this appeal by the owner of a building who tried to claim a rent increase based upon a purported $13,750 paint job – “paid in cash”. The court agreed with Susan’s analysis and disallowed the increase.
Conason v Megan Holding, LLC, 25 NY3d 1
As part of a two-person team, Susan successfully persuaded the Court of Appeals to reject the landlord’s argument that her client’s rent overcharge claim was barred by the statute of limitations. Instead, the Court permitted examination of the entire rental history for the apartment based on the “unrefuted proof of fraud in the record” Susan submitted.
Security Credit Services, LLC v Wilson
A creditor sued Susan’s client for nearly $18,000 on the basis of an old credit card debt. Susan got the case dismissed by arguing the plaintiff had failed to submit the proper paperwork.
3647 Realty Co v Wolinsky, Index No. L&T 61739/11
The court granted Susan’s motion for summary judgment on her client’s rent overcharge case based upon extensive proof Susan submitted, including a pattern of wrongdoing by the landlord’s parent company. After this decision, the landlord reduced the rent to $750 per month (from nearly $2,000), completed extensive repairs in the apartment, and paid a lump sum in a confidential amount. The decision is also referenced in this article.
Susan won summary judgment on her client’s rent overcharge claim. Susan’s clients had moved into an apartment they initially thought was not subject to rent regulation. After further investigation, they sued the landlord, won a determination that the apartment was rent stabilized, and got a large rent rollback and lump sum payment.
Ormonde Equities LLC v. Jacoby, Index No. L&T 94249/08
Susan defended the tenant in a nuisance trial that went on for sixteen days with nearly 30 witnesses. In a 20-page decision, the court dismissed the landlord’s case, holding the landlord’s witnesses were not credible and that the landlord had failed to establish a nuisance under the law. The court relied heavily on testimony Susan elicited during her cross-examination of the landlord’s witnesses.
Hudsoncliff Bldg. Co., Inc. v Payne-Marsky, 2011 NY Slip Op 51258(U)
Susan fought off an appeal by a landlord who was unsuccessfully trying to get discovery from her clients.
Hirsch v Stewart, 63 AD3d 74
Susan won an appeal at the Appellate Division, First Department. The Court upheld dismissal of the case against Susan’s client based on Susan’s argument that the landlord had failed to include sufficiently specific facts in the notice of nonrenewal wherein the landlord claimed he wanted the apartment for his own use.