R&E Successful In Appellate Division, First Department On Behalf Of A Landlord Seeking To Dismiss Tenant’s Causes Of Action
Supreme Court of the State of New York, Appellate Division, First Department
Decided: February 24, 2022
R&E Team: Michael A. Pensabene and Peter B. Kane
A commercial tenant brought an instant action against a landlord seeking, among other things, unfettered access to the building’s single elevator and a key to the building’s residential entrance on Greene Street in order to transport deliveries to and from the commercial premises.
Rosenberg & Estis made a pre-answer motion to dismiss on behalf of the landlord, seeking to dismiss the tenant’s causes of action seeking permanent mandatory injunctions for unfettered access to the elevator and access to the building’s residential entrance. The lower Court granted R&E’s motion, and the Appellate Division, First Department affirmed the dismissal of these two causes of action. The Appellate Division based its decision on the fact that there was no violation of a right occurring under the lease or applicable law as tenant already enjoyed access to the elevator, as governed by the building’s amended rules, and the tenant had no right to use the residential entrance to the building.