We are happy to share a series of legal victories that BBG achieved on behalf of our clients last week, which showcases our unwavering commitment to our clients.
Successfully Defending a Client in a Disability Accommodation Case
In a recent federal Fair Housing case, our legal team secured a significant victory for our client, the building owner/manager, in a dispute involving a residential tenant who claimed disabilities due to a neighbor’s dog’s disruptive barking. After the Tenant sought accommodation and our client made multiple reasonable offers, including addressing the noise issue and offering alternative apartments, the Tenant filed a discrimination lawsuit under the Fair Housing Act and the Americans with Disabilities Act. Judge Ronnie Abrams of the SDNY, in a 29-page opinion, reviewed the extensive evidence and concurred with our legal arguments. She emphasized that while landlords may be required to relocate a tenant as a reasonable accommodation, they are not obligated to subsidize rent or provide economic assistance.
New York Supreme Court Issues Order for Cleanup and Safety Measures in Condo Owner Dispute
In a recent decision by the New York Supreme Court, the governing body of a condominium complex successfully obtained a preliminary injunction against a condominium unit owner following a dangerous fire incident in May 2023. The court mandated the unit owner to organize and remove clutter from their apartment, address any potential fire risks, and permit safety inspections. The unit owner has been given a deadline of October 8, 2023, to declutter their unit, with additional cleanup activities scheduled between October 9 and 13. Non-compliance could lead to law enforcement involvement.
Compelling a Seller to Close on a Residential Building
In another significant legal dispute, our firm represented a plaintiff/buyer who initiated legal proceedings against a seller who had refused to finalize the sale of a small residential building. The seller initially cited an outstanding HPD lien on the property and expressed concerns about their principal’s reputation, despite having a criminal conviction, as grounds for not proceeding with the closing. After multiple failed attempts to close the deal within stipulated “time is of the essence” deadlines, our legal team pursued a specific performance claim. The seller countered this claim by raising an “impossibility of performance” defense, arguing that the presence of a spreader mortgage covering multiple properties made fulfilling the contract financially impractical. However, we effectively argued that financial inconvenience does not equate to impossibility, ultimately leading to a court order from Justice Billings, compelling the completion of the sale. This case underscores the importance of pursuing specific performance to uphold contractual obligations in real estate disputes.
These achievements are a testament to our unwavering dedication to delivering favorable outcomes for our clients. If you would like a copy of the decision(s) and/or wish to discuss how any aspect of these decisions may apply to your case(s), please contact your BBG attorney of record or reach out to us.