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Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct? The Court of Appeals faced that issue in Maddicks v. Big City Properties, LLC, 2019 WL 5353010, and a divided court held that the class action could survive a motion to dismiss despite the disparate bases of tenant’s alleged overcharge claims. However, the court did not decide whether the class should ultimately be certified.
Notice to Cure Did Not Violate RPL 235-f
Certificate of No Exterior Effect Upheld
Emotional Support Dog Determination Upheld
Statute of Limitations Did Not Bar Foreclosure Action
Nuisance Claim Arising Out of Environmental Remediation Not Barred By Statute of Limitations
Mortgage Contingency Clause Did Not Give Buyer Right to Cancel
Mortgagor Did Not Prove Damages Arising Out of RESPA Violation
Questions of Fact Preclude Summary Judgment on Whether Adverse Possession Extinguished Easement