On July 3, 2017, our case in the NY Supreme Court was ruled strongly in our favor. The ruling can be found here. A few weeks later, 90 West received a similar ruling in their favor. This followed on the tails of a loss for our friends at 85 John, which they are appealing.
Our landlord is moving to appeal the ruling against us, and our case has entered into a ‘stay’ until the appeals process completes.
As a reminder, the entire process start to finish for our action is:
– First Step: Case with the NY Supreme Court (Complete)
– Second Step: Whoever lost the previous step: File an appeal with the NY Supreme Court Appellate Division
– Final step: Whoever looses the previous step: File an appeal with the NY Court of Appeals
We’re at the second step. The landlord has filed to appeal with the NY Supreme Court Appellate Division. They will file their brief by mid-Sept. We’ll file our response by mid-Oct. The case will be heard during the November session of the court.
We have been approached by other current and past tenants to join in on the action.
The approach would be to start a new case (See First Step above), and then apply for a stay pending the outcome of the appeals process (Second and Third step). This will only happen if a minimum of 15 tenants sign-up.