Kurland v 161 W. 16th St. Owners Corp.

Annotate this Case

Download PDF

Kurland v 161 W. 16th St. Owners Corp. 2021 NY Slip Op 32319(U) November 15, 2021 Supreme Court, New York County Docket Number: Index No. 160440/2019 Judge: Lewis J. Lubell Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] INDEX NO. 160440/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/16/2021 YORK NEW YORK of NEW STATE of SUPREME COURT OF OF THE THE STATE SUPREME COURT YORK COUNTY NEW YORK OF NEW COUNT Y OF J.S.C. LUBEL L, J.S.C. PRESENT: LEWIS J. LUBELL, PRESENT: HON. LEWIS --------------------------------------------------------x -------------------------------------------------------------------x YETTA KURLAND , YETTA G. KURLAND ' s), Plainti ff(s), Plaintiff( PART PART lAS MOTIO N 29 IAS MOTION 2019 INDEX 160440/2019 INDEX NO.: 160440/ MOTIONN DATE: DATE: 6/3/21 MOTIO -against-against- 1, 3 MOTIONN SEQ. NO(s).: NO(s).: 1,3 MOTIO 161 WEST OWNERSS CORP., CORP., and WEST 16TH ST. OWNER 161 WEST 16TH THE 161 BOARD 161 WEST DIRECTORS OF THE BOARD OF DIRECTORS ST. OWNERS CORP., OWNERS CORP., ORDER DECISION DECISI ON & ORDER ON MOTION MOTIO N Defendant(s). Defendant(s). -----------------------------------------------------------------x -----------------------------------------------------------------x to ve to Defendants cross-mo judgment. Defendants Plaintiff cross-move summary judgment. # l) for summary (Motion #1) moves (Motion Plaintiff moves ary prelimin a for #3) moves (Motion dismiss (Motion #3) preliminary Plaintiff moves judgment. Plaintiff summary judgment. or for summary dismiss or injunction. injunction. motion: the motion: read on the were read The following NYSCE F were papers filed on NYSCEF following papers of Law Memo of Notice (18), and Memo Law Exhibits (18), Affidavit, Exhibits (#1), Affidavit, Motion (#1), of Motion Notice of Law of Law Memo of Exhibits (7), and Memo Notice Affidavit, Exhibits Cross-Motion, Affidavit, of Cross-Motion, Notice of Law of Law Memo of Affidavit Exhibits (2), and Memo Reply, Exhibits Affidavit in Reply, Doc. Nos. 9-29 9-29 45-54 45-54 56-59 56-59 Exhibits (5) Order to Show Show Cause Affidavit, and Exhibits Affirmation, Affidavit, (#3), Affirmation, Cause (#3), Order Law of Memo and Affidavit Memo of Law Exhibits (2), Opposition, Exhibits Affidavit in Opposition, Law of Memo (4), Affidavits (2) in Reply, Exhibits and Memo of Law Exhibits Reply, Affidavits 60-68 60-68 70-73 70-73 74-80 74-80 the with the action with this action commenced this By October 25, 2019, plaintiff commenced 2019, plaintiff background, October of background, way of By way proprieta plaintiff is the proprietaryry that plaintiff filing summonss and complaint. complaint t alleges alleges that The complain complaint. The of aa summon filing of West 16th known as 161 West premises known ent) at a premises lessee of apartment (Apartment) 16th SC (Apartm apartment 5C shareholder of and shareholder lessee and West 161 t defendan that alleges t complain Street, New York, New York (Building). The complaint alleges that defendant West The g). (Buildin Street, New York, New York the owns the which owns corporation, which housing corporation, ive housing 16th St. St. Owners Owners Corp. (Co-op) is a cooperat cooperative Corp. (Co-op) 16th West 16th the 161 West of the Directors of of Directors Board of Building. alleges that defendantt Board 16th that defendan complaint alleges The complaint Building. The all manages all which manages Board), which Co-op (Co-op St. Owners of the Co-op (Co-op Board), directors of of directors board of Corp. is the board Owners Corp. St. has plaintiff has that plaintiff alleges that maintenance complaint t alleges The complain Building. The of the Building. affairs of maintenance and affairs which (Renovations), which Apartment (Renovations), undertaken respect to the Apartment with respect project with renovation project undertaken a renovation apartmen the apartment t ant to the directly appurten includes improvements area directly appurtenant roof area of the roof portion of ments to a portion includes improve that alleges that complaint alleges The complaint ent). The (Roof) and and to which (Agreement). agreed (Agreem defendants agreed which defendants (Roof) as consents as and/or consents forms, approval defendantsts have approvalss and/or necessary forms, refused to sign the necessary have now refused defendan action This Roof. the to relate they relate required Roof. This action Renovations as they complete the Renovations plaintiff to complete required for plaintiff relief, injunctive relief, relief, ry declarato ensued. The complaint sets forth causes of action for declaratory relief, injunctive action of causes ensued. The complaint 52-a. Law §9 52-a. Rights Law of Civil Rights breach contract, and and a claim violation of claim for violation of contract, breach of of 6 Page Page 1I of6 1 of 6 [* 2] INDEX NO. 160440/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/16/2021 The ~rst ~rst claim claim seeks a declaration declaration that, among among other other things, things, defendants defendants agreed agreed to the Renovat10ns plaintiff is entitled RenovatIOns and that plaintiff entitled to complete complete the Renovations Renovations as they they relate relate to plaintiff is entitled t~e R~of R~of and that plaintiff entitled to use the Roof. The The second second claim claim seeks seeks an injunction, injunction, d1rectmg, dlrectmg, among among other other things, things, that defendants defendants comply comply with with the Agreement Agreement as it relates relates to plaintiff to use the Roof the Roof Roof and allow allow plaintiff Roof and remove remove the surveillance surveillance cameras cameras that are monitoring monitoring the Roof. The The third claim claim seeks, seeks, in the alternative alternative to the first and second second claims, claims, breach of monetary monetary damages damages as a result result of of defendants' defendants' alleged alleged breach of the Agreement Agreement in refusing refusing to sign the necessary necessary fonns, fonns, approvals approvals and/or and/or consents consents as required required for plaintiff plaintiff to complete complete portion of the Renovations. The fourth claim seeks monetary damages the Roof Roof portion of Renovations. claim seeks monetary damages due to defendants' defendants' installation installation of of surveillance surveillance cameras cameras on the Roof Roof in alleged alleged violation violation of of Civil Civil Rights Law §S 52-a. After commencement, commencement, defendants defendants interposed interposed an answer answer with with certain certain affirmative affirmative After defenses, including including that "Plaintiffs "Plaintiffs alleged alleged damages, damages, if if any, have have been caused by the acts defenses, been caused omission[s] of of third third parties over whom whom Defendants Defendants have no control control or responsibility responsibility and parties over or omission[s] other circumstances circumstances for which which Defendants Defendants are not responsible." responsible." Now, plaintiff moves moves for other Now, plaintiff summary judgment defendants move move to dismiss dismiss or for summary summary judgment. summary judgment and defendants judgment. motion for summary summary judgment, Court is to determine determine whether whether triable triable issues issues On a motion judgment, the Court of fact exist exist or whether whether judgment granted to a party submitted as a of judgment can be granted party on the proof proof submitted matter of of law (see Andre [1974]). The The movant movant makes makes a Andre v Pomeroy, Pomeroy, 35 NY2d NY2d 361, 364 [1974]). matter prima showing of of entitlement entitlement to judgment matter of of law by tendering tendering sufficient sufficient prima facie facie showing judgment as a matter evidence to demonstrate demonstrate the absence absence of of any material material issue issue of of fact (see Alvarez Alvarez v Prospect Prospect evidence Hospital, [1986]). If If the movant movant makes makes such such a showing, showing, the burden of Hospital, 68 NY2d NY2d 320, 324 [1986]). burden of going forward forward shifts shifts to the opponent opponent of of the motion motion to produce evidentiary proof going produce evidentiary proof in admissible form sufficient sufficient to establish establish the existence existence of of a material material issue issue of of fact (see admissible Zuckerman of New [1980]). Zuckerman v City of New York, 49 NY2d NY2d 557, 557 [1980]). The Parties' Parties' Contentions Contentions The support of of the motion, motion, plaintiff various documents, documents, including including the In support plaintiff proffers proffers various condominium declaration declaration (Declaration) (Declaration) and by-laws by-laws (By-laws), (By-laws), the proprietary proprietary lease lease condominium relating to the Apartment, Apartment, and certain certain documents documents relating relating to the Renovations Renovations and the relating Agreement. Plaintiff Plaintiff asserts asserts that the Renovations Renovations are complete complete except except as they they relate relate to the Agreement. Roof and that defendants defendants are now refusing refusing to allow allow plaintiff complete this this portion of the . Roof plaintiff to complete portion of Renovations contrary contrary to the Agreement. Agreement. Based Based on the proffered evidence, plaintiff asserts Renovations proffered evidence, plaintiff asserts defendants agreed agreed to the Renovations Renovations as they relate relate to the Roof Roof and that that plaintiff plaintiff is that defendants entitled to use the Roof Roof and defendants defendants should should be directed directed to facilitate facilitate this work. work. Plaintiff Plaintiff entitled asserts that that defendants defendants should should be directed directed to remove remove the surveillance surveillance cameras cameras that that are also asserts monitoring the Roof. Roof. Regarding Regarding the claim claim under Rights Law Law § S 52-a, 52-a, plaintiff asserts monitoring under Civil Rights plaintiff asserts that defendants defendants installed installed surveillance surveillance cameras cameras in the area area of of the Roof Roof and that that they they are directed at the Apartment. directed Apartment. Page 2 of6 of6 Page 2 of 6 [* 3] INDEX NO. 160440/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/16/2021 response, defendants defendants proffer, proffer, among among other other things, things, an affidavit affidavit from Eric Eric Bomze, Bomze, . In response, president of of the_ the. Co-op Co-op and a ~e~ber ~e~ber of of the Co-op Co-op Board. Board. Mr. Bomze Bomze notes notes that, pursuant pursuant president t.he Declara~10~, Declara~IO~, a condom1mum condommlUm (Condo) (Condo) owns owns the Building Building and that that the Declaration Declaration t~ t_he divided the B~I!dmg_ B~I1dmg.into residential and commercial commercial unit (respectively, (respectively, Residential Residential Unit Unit d1v1ded into a residential CommercIal Umt). Mr. Bomze Bomze asserts asserts that that the affairs affairs of of the Condo Condo are governed governed by and Commercial Bo~rd. of of Managers Managers (Condo (Condo Board). Board). Mr. Bomze Bomze asserts asserts that that the Co-op Co-op does not own the Bo~rd_ BuIldmg, but rather rather owns and the Co-op Co-op Board Board operates operates the Residential Residential Unit. Mr. the Bmldmg, Bomze asserts asserts that the Roof Roof is not part part of of the Residential Residential Unit, Unit, but part part of of the Commercial Commercial Bomze Bomze asserts, asserts, the Condo Condo owns and the Condo Condo Board Board operates operates the Unit. As such, Mr. Bomze Commercial Unit of of which which the Roof Roof is a part. Regardless, Regardless, defendants defendants assert assert that the Commercial Agreement does not support support plaintiffs plaintiff s position position that defendants defendants agreed agreed to the Renovations Renovations Agreement relate to the Roof. Roof. Regarding Regarding the claim under under Civil Civil Rights Rights Law Law § S 52-a, defendants defendants as they relate among other other things, things, that the statute statute is inapplicable inapplicable because because plaintiff plaintiff does does not allege allege note, among surveillance cameras cameras took "images "images of of the recreational recreational activities activities which which occur occur in that the surveillance [plaintiffs] backyard." backyard." [plaintiffs] plaintiff asserts asserts that her her claims claims are now now ripe for summary summary judgment since judgment since In reply, plaintiff parties agree agree that the parties' parties' respective respective rights rights and obligations obligations are established established by the the parties Agreement and the Building's Building's governing governing documents. documents. In particular, particular, plaintiff plaintiff notes notes that that the Agreement Declaration provides provides that that the Roof Roof is a "commercial "commercial limited limited common common element" element" to which which Declaration owner of of the Commercial Commercial Unit has only limited limited access access to maintain maintain and service service certain certain the owner of its HV HVAC equipment. As such, plaintiff plaintiff contends contends that, under under the Declaration, Declaration, no single single of AC equipment. owner ((either of a Residential Residential Unit Unit or the Commercial Commercial Unit) Unit) has exclusive exclusive use to the unit owner either of Roof and, therefore, therefore, defendants defendants can approve approve plaintiffs plaintiffs access access to and and the Renovations Renovations to Roof Roof based based on a theory theory of of equitable equitable estoppel estoppel due to the parties' parties' course course of of conduct conduct over over the Roof fifteen years. Regarding Regarding the claim claim under under Civil Rights Rights Law Law § S 52-a, plaintiff plaintiff asserts asserts that that the surveillance surveillance cameras cameras are directly directly pointing pointing into plaintiffs plaintiff s living living room, room, which which is more more invasive than a "backyard." "backyard." invasive Discussion Discussion The The Declaration Declaration states that that it is the intention intention of of the owners owners of of the Building Building to submit submit provisions of of Article Article 9-B of of the Real Property Property Law, Law, which which is known known as the it to the provisions Condominium Act. The Declaration Declaration divided divided the Building Building into a Residential Residential Unit Unit and Condominium Commercial Unit (Art. I, §S 1.2). The Declaration Declaration defines defines the two units. units. "The "The Commercial Commercial Commercial consists of of major major portions portions of of the cellar, cellar, and the entire entire first through through fourth fourth floors, Unit consists except for the Residential Residential Unit Unit vestibule, vestibule, entrance entrance lobby lobby and passenger passenger elevators elevators located located except on the first floor, and except except for those those areas designated designated as Common Common Elements" Elements" (Art. V, §S "The Residential Residential Unit consists consists of of portions portions of of the cellar cellar and first floor and the entire entire 5.1). "The through nineteenth nineteenth floors and penthouse penthouse level" level" (Art. V, §S 5.2). The The Declaration Declaration fifth through defines the common common elements. elements. "The "The Common Common Elements Elements are comprised comprised of of [] the General General defines Common Elements Elements ... ... the Residential Residential Limited Limited Common Common Elements Elements ... ... and the Commercial Commercial Common Limited Common Common Elements" Elements" (Art. VI,§ VI, S 6.1 [al). raJ). The By-laws By-laws explain explain that that "[t]he "[t]he Common Common Limited Elements shall be used only for the furnishing furnishing of of the services services and facilities facilities for which which they they Elements Page 3 of6 of6 Page 3 of 6 [* 4] INDEX NO. 160440/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/16/2021 reasonably suited suited a~d which which ~re incidental incidental to the use and occupancy occupancy of of Units" Units" (Art. v, V, are reasonably ~ 11 II _[b .[b]). DeclaratIOn exp explaIns Commercial Limited Limited Common Common Elements Elements shall § ]). The Declarat10n lams that the Commercial consist of, among among other other things, things, the Roof Roof and that the owner owner of of the Commercial Commercial Unit Unit would would consist access to the Roof Roof for limited limited purposes. purposes. In particular, particular, the Declaration Declaration provided provided that: have access "The Commercial Commercial Unit Unit Owner Owner shall have have an easement easement to "The maintain the [Roof] and its air conditioning conditioning equipment equipment on such such maintain roof provided provided that (i) due care be taken taken to safeguard safeguard the roof security of of the residential residential occupants occupants of of the Building, Building, and (ii) security equipment does not, in the Condominium Condominium Board's Board's such equipment reasonable judgment, create noise noise or vibrations vibrations which which reasonable judgment, create unre~sonably disturb disturb the residential residential occupants occupants of of the Building, Building, unre~sonably If the Condominium Condominium Board Board requests, requests, such equipment equipment shall and, 1fthe located behind behind screens screens or barriers barriers so as not to disturb disturb the be located of the occupants occupants of of the Residential Residential Unit." Unit." views of 6.1 [[d]). Declaration explains explains that that the Residential Residential Limited Limited Common Common d]). The Declaration (Art. VI, §~ 6.1 Elements consist consist of: Elements "[T)hose rooms, rooms, areas, corridors, corridors, interior interior walls, walls, doors, doors, "[T]hose partitions, floors, ceilings, ceilings, hallways, hallways, vestibules vestibules and other other partitions, portions of of the Building Building (other (other than the Units, Units, the General General portions Common Elements, Elements, and Commercial Commercial Limited Limited Common Common Common Elements) as well as those those facilities facilities therein therein or elsewhere, elsewhere, either either Elements) currently or hereafter hereafter existing existing for the exclusive exclusive use of, or which which currently service only, or enclose enclose the Residential Residential Unit Unit or the Residential Residential service Unit Owner Owner (as the case may be). The The Residential Residential Limited Limited Unit Common Elements Elements include include the residential residential terraces terraces and all roof roof Common above the fifth floor, other other than than the main main roof." roof." areas above (Art. VI, §~ 6.1 [cl). [c]). Pursuant Pursuant to its offering offering plan, plan, the Co-op Co-op "acquire[d) "acquire[d) fee title title to the Residential Unit Unit subject subject to the terms terms and conditions conditions of of the Condominium Condominium Declaration" Declaration" Residential (Offering Plan at 6-7). The offering offering plan plan further further provided provided that that the Co-op Co-op "will "will own and (Offering manage the Residential Residential Unit, employ employ its own staff staff and make make any and all decisions decisions relating relating manage solely to its operation" operation" (Offering (Offering Plan Plan at 7). solely Simply put, the Declaration Declaration divided divided the Building Building into the Residential Residential Unit Unit and the Simply Commercial Unit, with with the Commercial Commercial Unit having having certain certain limited limited rights rights to the Roof. Roof. The Commercial Declaration provided provided the Residential Residential Unit Unit with with no rights rights to the Roof, Roof, specifically specifically providing providing Declaration Residential Unit Unit with with rights rights to "all "all roof roof areas above above the fifth floor, floor, other other than than the main main the Residential roof." roof." Turning to plaintiff's plaintiff's evidence evidence and viewing viewing it in the light light most most favorable favorable to plaintiff, plaintiff, Turning proposal to create create a roof roof deck on the Roof Roof (Exhibit (Exhibit 3), which which was was not there was a proposal Page 4 of6 of6 Page 4 of 6 [* 5] INDEX NO. 160440/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/16/2021 ! subsequent~y incl~~ed in the initial applicatio applicationn for work work (Exhibit (Exhibit 4); there there wa~ another another t(y incl~~ed subsequen t Apartmen the in window certain a replace pr.opos.alwith re:lsIOns }hat included plans to replace certain window the Apartment plans included pr_opos_al with re:1s10ns Roof the on deck with _d1_fferent .dI.fferent wmdows, proposal to create create a roof roof deck Roof include a proposal wmdows, but did not include submitted was permit a for n applicatio an (E~hlblt. 5); th~ proposal proposal was approved approved and application pennit submitted, , ·. (E~h1b1t_ was further proposal was the proposal wh~ch dId not mclude deck (Exhibit (Exhibit 6); the further roof deck reference to a roof mclude any reference wh~ch did Roof the on deck roof a revised/amended, which did not include include a proposal proposal to create create roof deck Roof ended, which revised/am further a ' into entered parties IO); (Exhibit 9); the proposal wasapprbved (Exhibit 10); the parties entered further (Exhibit proposal was approved (Exhibit agreement, pertinent part: part: provided in pertinent which provided agreement, which the installation of "The Corporatio Corporationn has consented consented to the installation of the "The window model model ... ... provided provided that the Sharehold Shareholderer agrees agrees by window not will er execution of this Rider that Shareholder not use the Sharehold Rider execution of and owner, and unit owner, adjacent unit window of the adjacent roof of entry to the roof window as an entry of owner without the written written consent consent of of such owner of the will not, without manner, including, way or manner, adjacent unit, use said roof including, roof in any way adjacent without limitation, limitation, entry entry on that roof roof or permitting permitting any person person without roof." of Sharehold Shareholderer to enter enter onto said roof." pet of or pet Although plaintiff plaintiff contends contends that that the "adjacent "adjacent unit owner" owner" means means her her neighbor neighbor in the Although the by the unsupport ed by reading is unsupported Unit Owner, Residential Commercialal Unit Owner, this reading Unit or the Commerci Residential Unit Declaration, wherein the Commerci Commercialal Unit Unit Owner Owner is the only only party party to whom whom any rights rights to n, wherein Declaratio roof a install to proposal Roof are accorded. accorded. Subsequen Subsequently, submitted a proposal install roof deck deck plaintiff submitted tly, plaintiff the Roof it authorize would that indicated on the Roof to which a member of the Co-op Board indicated that it would not authorize it Board Co-op Roof which member of and referred referred plaintiff plaintiff to the Co-op's Co-op's attorney attorney (Exhibit (Exhibit 13). that they facie showing prima facie Regarding the first claim, claim, defendants defendants have have made made a prima showing that Regarding has did not agree agree to plaintiffs install a roof roof deck deck on the Roof Roof and plaintiff plaintiffhas failed failed proposal to install plaintiffs proposal '!issue material a of existence the to proffer sufficient to establish of -. establish the existence of material '!issue of evidence sufficient competent evidence proffer competent facie showing prima facie fact. Regarding Regarding the second second claim, claim, defendants defendants have have made made a prima showing that that they plaintiff that and use the Roof right to use authority to grant grant plaintiff Roof that plaintiff has plaintiff the right have the authority do not have proffer failed to proffer and plaintiff presented no basis to remove remove the surveillan surveillance cameras and plaintiff has failed ce cameras presented of competent evidence evidence sufficient sufficient to establish establish the existence existence of of a material material issue issue of fact. competent facie prima facie made a prima have made Regarding claim, as previously defendants have noted, defendants previously noted, third claim, Regarding the third showing that that they they did not agree agree to plaintiffs plaintiff s proposal proposal to install install a roof roof deck deck on the Roof Roof showing existence the competent evidence evidence sufficient sufficient to establish establish existence proffer competent plaintiff has failed to proffer and plaintiff cie apritnafa made have s defendant claim, of a material material issue of offact. fourth claim, defendants have made a priinafacie Regarding the fourth fact. Regarding ofa showing that Civil Rights Rights Law Law § S 52-a is inapplicab inapplicablele because because plaintiff plaintiff does does not aHege allege that that showing occur which activities recreational activities which occur in the recreational the surveillanc surveillancee cameras cameras took "images of of the took "images [plaintiffs] ] backyard" backyard" and plaintiff plaintiff has failed to proffer proffer competen competent t evidence evidence sufficient sufficient to [plaintiffs 22 establish the existence existence of of a material material issue issue offact. offact. establish rs" or a "door." 1 In In the the supporting supporting affidavit, affidavit, plaintiff plaintiff refers refers to these these windows as as "custom_ "custom. terrace terrace windows/doo windows/doors" "dOOf." The The "windows." simply proposal refers to them simply as "windows." them proposal refers 22 Civil Rights Rights Law § g 52-a 52-a provides provides in pertinent pertinent part: Page of6 Page 5 of6 , ' ~ l 5 of 6 ,, '' II I I I .. II [* 6] INDEX NO. 160440/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/16/2021 Conclusion Conclusion hereby Based foregoing, it is hereby Based on the foregoing, DENIED· judgment is DENIED' #1) for summary ORDERED that summary judgment (Motiort #1) motion (Motion plaintiffs motion that plaintiffs ORDERED · ' , and it is further further GRANTED· judgment is GRANTED' ORDERED summary judgment cross-motion for ·summary defendant's cross-motion that defendant's ORDERED that further '' and it is further injunction 1s preliminary injunction ORDERED (Motion #3) for a preliminary IS motion (Motion plaintiffs motion that plaintiff's ORDERED that moot. DENIED DENIED as moot. York New York Dated: New York, York, New Dated:New November 2021 November f fJ , J£, DISPOSITION o NON-FINAL DISPOSITION 0 NON-FINAL 181 CASE DISPOSED CASE DISPOSEI) ONE: CHECK CHECK ONE: GRANTED •o GRANTED ApPLICATION APPLICATION CHECK APPROPRIATE ff APPROPRIATE CHECK IF 0 DENIED D DENIED o ORDICR SETTLE ORDER 0 SETTLE o INCLUDES TRANSFER/REASSIGN TRANSFER/REASSIGN 0 INCLUDES o GRANTED GRANTED IN PART JN PART 0 o ORDER SUBMIT ORDER 0 SUBMIT APPOINTMENT o FIDUCIARY APPOINTMENT 0 FIDUCIARY OTHER 181 OTHER REFERENCE o REFERENCE 0 damages action for damages of action right of private righi "Any have a private shall have property shall residential real property of residential tenant of or tenant owner or "Any owner adjoining such property adjoining against any any person affixes a video device on property such imaging device video imaging installs or affixes person who installs against of the images of digital images moving digital taking moving residential the or taking taping or video taping of video purpose of property for the purpose real property residential real WTitten the without property residential recreational activities which occur in the backyard of the residential real property without the written the of backyard occur which activities recreational tenant .... consent thereto of such such owner owner and/or .... " and/or tenant thereto of consent more invasive, seems more room seems living room person's living into a person's While surveillance cameras invasive, this this directed into cameras directed that surveillance agree that may agree Court may While the Court against a of action right of private right not create does not alter language of of Civil Civil Rights 52-a, which does not create a private action against which does Law §S 52-a, Rights Law plain language alter the plain does room. living room. person's living person directed into a person's cameras directed surveillance cameras installs surveillance person who installs Page of66 Page 6 of 6 of 6

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.