Schwartz v. Hotel Carlyle Owners Corp.

CourtNew York Supreme Court Appellate Division
Citation132 A.D.3d 541,20 N.Y.S.3d 341
Decision Date20 October 2015
Parties Murray SCHWARTZ, Plaintiff–Respondent, v. HOTEL CARLYLE OWNERS CORPORATION, et al., Defendants–Appellants, New World Development Co., Defendant. [And Another Action].

132 A.D.3d 541
20 N.Y.S.3d 341

Murray SCHWARTZ, Plaintiff–Respondent,
v.
HOTEL CARLYLE OWNERS CORPORATION, et al., Defendants–Appellants,

New World Development Co., Defendant.


[And Another Action].

Supreme Court, Appellate Division, First Department, New York.

Oct. 20, 2015.


20 N.Y.S.3d 342

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York (Judy C. Selmeci of counsel), for appellants.

Davidoff Hutcher & Citron, LLP, New York (Malcolm S. Taub of counsel), for respondent.

MAZZARELLI, J.P., ACOSTA, SAXE, MANZANET–DANIELS, JJ.

132 A.D.3d 541

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered August 11, 2014, which, insofar as appealed from as limited by the briefs, denied defendants Hotel Carlyle Owners Corporation, the Carlyle LLC, the Carlyle, a Rosewood Hotel, Alexandra E. Tscherne and Greg Dinella's (defendants) motion

132 A.D.3d 542

for summary judgment dismissing plaintiff's claim for breach of the covenant of quiet enjoyment against defendant Hotel Carlyle Owners Corporation (hotel) and his claims for trespass, conversion and punitive damages against all defendants, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff, the owner of a residential suite in the Carlyle Hotel, alleges that, following a water leak that occurred in July 2011, the hotel's agents trespassed in his apartment and converted specified items of personal property, and that the hotel breached the covenant of quiet enjoyment in the proprietary lease.

Defendants demonstrated entitlement to dismissal of the trespass claim because the proprietary lease for the apartment permits the hotel to enter the apartment for purposes of assessing leak damage and making repairs. Defendants further demonstrated that their agents left the apartment as soon as plaintiff objected. Since the essence of a trespass is intentional entry onto the property of another without justification or permission (see Volunteer Fire Assn. of Tappan, Inc. v. County of Rockland, 101 A.D.3d 853, 855, 956...

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10 practice notes
  • Am. Infertility of N.Y., P.C. v. Verizon N.Y. Inc., 159892/2015
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2020
    ..."intentional entry onto the property of another without justification or permission," Schwartz v. Hotel Carlyle Owners Corp. , 132 A.D.3d 541, 542, 20 N.Y.S.3d 341 (1st Dep't 2015) ; Volunteer Fire Assn. of Tappan, Inc. v. County of Rockland , 101 A.D.3d 853, 855, 956 N.Y.S.2d 102......
  • Asanda Park Ave., Inc. v. 120 E. 56TH St., L.L.C., Index No. 653623/2016
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2016
    ...or exclusion. Barash v. Pennsylvania Term. Real EstatePage 4 Corp., 26 N.Y.2d at 83, 86; Schwartz v. Hotel Carlyle Owners Corp., 132 A.D.3d 541, 542 (1st Dep't 2015); Pacific Coast Silks, LLC v. 247 Realty, LLC, 76 A.D.3d 167, 172 (1st Dep't 2010); Jackson v. Westminster House Owners Inc., ......
  • Ardaya v. Park & 76TH St. Inc., Index No. 158295/2013
    • United States
    • United States State Supreme Court (New York)
    • November 26, 2018
    ...damages. Marinaccio v. Town of Clarence, 20 N.Y.3d at 512; Dupree v. Giugliano, 20 N.Y.3d at 924; Schwartz v. Hotel Carlyle Owners Corp., 132 A.D.3d 541, 543 (1st Dep't 2015); Hauptner v. Laurel Dev., LLC, 65 A.D.3d at 904.V. CONCLUSION For the reasons explained above, the court grants the ......
  • Kofinas v. Fifty-Five Corporation, 20-cv-7500 (JSR)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • July 27, 2021
    ...tenant must show an ouster, or if the eviction is constructive, an abandonment of the premises. Schwartz v. Hotel Carlyle Owners Corp., 20 N.Y.S.3d 341, 342-43 (1st Dep't 2015). "To establish constructive eviction, a tenant need not prove physical expulsion, but must prove wrongful act......
  • Request a trial to view additional results
10 cases
  • Am. Infertility of N.Y., P.C. v. Verizon N.Y. Inc., 159892/2015
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2020
    ..."intentional entry onto the property of another without justification or permission," Schwartz v. Hotel Carlyle Owners Corp. , 132 A.D.3d 541, 542, 20 N.Y.S.3d 341 (1st Dep't 2015) ; Volunteer Fire Assn. of Tappan, Inc. v. County of Rockland , 101 A.D.3d 853, 855, 956 N.Y.S.2d 102......
  • Asanda Park Ave., Inc. v. 120 E. 56TH St., L.L.C., Index No. 653623/2016
    • United States
    • United States State Supreme Court (New York)
    • December 23, 2016
    ...or exclusion. Barash v. Pennsylvania Term. Real EstatePage 4 Corp., 26 N.Y.2d at 83, 86; Schwartz v. Hotel Carlyle Owners Corp., 132 A.D.3d 541, 542 (1st Dep't 2015); Pacific Coast Silks, LLC v. 247 Realty, LLC, 76 A.D.3d 167, 172 (1st Dep't 2010); Jackson v. Westminster House Owners Inc., ......
  • Ardaya v. Park & 76TH St. Inc., Index No. 158295/2013
    • United States
    • United States State Supreme Court (New York)
    • November 26, 2018
    ...damages. Marinaccio v. Town of Clarence, 20 N.Y.3d at 512; Dupree v. Giugliano, 20 N.Y.3d at 924; Schwartz v. Hotel Carlyle Owners Corp., 132 A.D.3d 541, 543 (1st Dep't 2015); Hauptner v. Laurel Dev., LLC, 65 A.D.3d at 904.V. CONCLUSION For the reasons explained above, the court grants the ......
  • Kofinas v. Fifty-Five Corporation, 20-cv-7500 (JSR)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • July 27, 2021
    ...tenant must show an ouster, or if the eviction is constructive, an abandonment of the premises. Schwartz v. Hotel Carlyle Owners Corp., 20 N.Y.S.3d 341, 342-43 (1st Dep't 2015). "To establish constructive eviction, a tenant need not prove physical expulsion, but must prove wrongful act......
  • Request a trial to view additional results

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