This case, B* v. D* C*, Inc., concerns a class action dispute over elevator service disruptions in a 55-story high-rise located in Manhattan.
Tenants from floors 16 to 55 alleged that the unreliable elevators breached a state law known as the statutory warranty of habitability, leading to legal action against the building's landlord, R* 2* Owner, LLC, and other defendants.
The motion court initially certified the class, appointing the plaintiffs as class representatives, but the Appellate Division, First Department, modified the ruling and denied certification against several of the defendants -- finding that plaintiffs failed to prove that those defendants had a landlord-tenant relationship with the affected class members. Although these other entities were the landlord's corporate affiliates, plaintiffs did not present admissible evidence that rent was paid directly to them.
However, the court affirmed class certification against the building's owner. The tenants had standing under Real Property Law § 235-b, which ensures landlords provide safe and habitable conditions. The commonality requirement for class certification was met since all plaintiffs experienced the same disruptions, and individual differences (such as rent abatements or vacancies) only affected damage calculations.
Is that landlord going down?
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DECISION