BBG News

Decision of Interest: S. Ct. NYCo. Class Action -Kozak, et al. v. Kushner Village 329 East 9th, LLC, Westminster Management

Nov 15, 2022

BBG successfully obtained an order dismissing a tenant class action on summary judgment.

Our client had constructed an additional floor atop four adjoining buildings in the Lower East Side, and tenants alleged that fire safety standards were not followed and that no final certificate of occupancy had been obtained.

The tenants sought to compel our client to obtain the final COs and sought damages for habitability claims. The Supreme Court (Cohen, J.) held that there was no specific timeframe within which to obtain a final CO in these circumstances.

Finding no viable cause of action, or basis for any further discovery, the Court denied the tenants’ motion for class certification and granted our cross-motion for summary judgment dismissing the complaint.

Special thanks to Magda Cruz, Marty Heistein, Matt Brett, Ron Mandel, Frank Noriega.

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