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Posts by: fishmanmallon

Tenants Awarded 50K in Attorney’s Fees in Dispute with Landlord!

Tenants Awarded Fees in Dispute With Landlord Brendan Pierson New York Law Journal 2013-11-22 00:00:00.0 Manhattan Civil Court Housing Part Judge Arlene Hahn (See Profile) recently awarded more than $49,000 in legal fees to tenants who prevailed in a rent dispute with their landlord. The award included “fees on fees” and attorney fees on appellate motions the tenants lost. The…read more →

Landlord Lawyers Slammed After Suing Tenant for Rent Not Owed

James Fishman, assisted by Jennifer Addonizio Rozen and associate Susan Crumiller recently won a significant victory on behalf of New York City tenants in Lee v. Kucker & Bruh (“K&B”) that should have a major impact on the way landlords bring non-payment eviction cases in the Housing Court. Our client, Raymond Lee, is an elderly rent controlled tenant who lived…read more →

New York Law Journal: Debt Collecting Firm Is Found Liable for ‘Benign’ Error

By John Caher A debt collecting law firm that “blindly” relied on a client’s records and mistakenly went after an 82-year-old tenant is liable for Fair Debt Collection Practices Act damages even though the slip-up was “benign” and it backed off immediately after learning of the error, a Southern District judge has held. Judge Lorna Schofield stressed that the Fair Debt…read more →

Beware of Debt Settlement Companies!

Why is there still a market for debt settlement companies?  Could it be the “debt settlement” company’s tantalizing promise to cut your debt in half, or better yet, to make it disappear into thin air? Given the state of our economy and the ever increasing rates of unemployment, a debtor’s desire to obtain a quick fix, a fast settlement, and…read more →

Tenants Can Bring Roberts Type Cases as Class Actions

On April 25, 2013 the Appellate Division, First Department issued three decisions that answered lingering questions regarding whether a Roberts-style case would be allowed to move forward as a class action.  In all three cases, the First Department decided that they could, allowing tenants to waive treble damage claims that would have triggered the penalty restriction in New York’s class…read more →

Landlord Faces Largest Fine Ever Issued For Refusal to Provide Accommodations to a Disabled Tenant

Queens Supreme Court Justice Frederick Sampson recently upheld a $125,000 fine, and $60,000 in damages, levied against a landlord who, in violation of the law, refused to provide accommodations to a handicapped tenant, and then subsequently installed surveillance cameras as a retaliatory measure to harass the paralyzed woman.  The fine was the largest of its kind ever imposed by the…read more →

More Consumers Suing Over Debt Collection Harassment

by Josh Crank Debtors and their attorneys in California have contributed over the last seven years to a fivefold increase in lawsuits alleging illegal debt collection practices, according to an analysis recently published by the Sacramento Bee. The surge in suits against collection agencies has intensified as the economy struggles to recover, suggesting that collectors are increasingly pushing the envelope…read more →

New York Magazine: Clash of the Utopias

At one of the meetings, in December 2006, Adam Rose, the co-president of Rose Associates who was managing Stuy Town’s operations at the time, set off alarms among the group when he told them it would be realistic to recover just 8 percent of the rent-stabilized apartments in the first year, which was almost double the historical average. The business…read more →

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