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April 30, 2021

Two COVID-19 Related New York Court Rulings – Nassau, Westchester Counties

John A. Viterittiby John A. Viteritti
in Uncategorized

We have recently posted a series of articles regarding the effect of COVID-19 on the real estate industry.

In this article, we draw on two cases, one in Nassau County and the other in Westchester County that illustrate the point.

In the Westchester County case, landlord Piscionere filed a suit against tenant Gori for non-payment of rent. On December 11, 2020 the Court granted the landlord’s warrant for eviction, staying its execution by operation of The Tenant Safe Harbor Act until January 1, 2021. The tenants were advised that the warrant would be executed by the City Marshall on January 20, 2021.The COVID-19 Emergency Evictions Prevention Act of 2020 became effective on December 28, 2020.

The Act states: “In any eviction proceeding in which an eviction warrant has been issued prior to the effective date of this act, but has not yet been executed as of the effective date of this act, including eviction proceedings filed on or before March 7, 2020, the Court shall stay the execution of the warrant at least until the Court has held a status conference with the parties.” The Court found that the proceeding was still pending and that the Act was applicable.

A virtual status conference was held on January 8, 2021 with the parties and their attorneys present. On January 11, 2021 the tenants filed a hardship declaration indicating “financial hardship” and “significant health risk.” The Act states that if the tenant provides a hardship declaration, the execution of the warrant shall be stayed until at least May 1, 2021. The Act also provides the landlord with the chance to rebut the tenant’s declaration of hardship, which the landlord did on January 14, 2021. The landlord argued that the tenants owned an income producing multi-family home, which they could move to and which generated enough income to pay the rent on the landlord’s property. In addition, one of the tenants was earning over $19,000 per month in income, while the other tenant was receiving unemployment insurance as well as separation compensation. The Court stated that while the Act provides landlords with the opportunity to rebut a claim of financial hardship, it provides no such relief if the claim is based on significant health risk, which, in this case, the tenant also did.

The Court states: “This particular case unfortunately highlights a flaw in this new law which laudably seeks to help people truly in need of relief.” It went on to say: “The Court found their testimony to be self-serving, evasive, and in conflict with the evidence of disinterested third parties, at times even in conflict with their own evidence. In short, the court found them incredible.” It added: “The result therefore that these tenants are permitted to live in a home ostensibly rent free at least until May 1, 2021 even though it has been demonstrated to this Court that they own a large home in a neighboring city to which they could move and even though they have significant income to live very comfortably and safely.”

The second case involves a Nassau County Supreme Court ruling in the case of Soundview Cinemas Inc. v. Great American Insurance Group.

The case emerged from the fact that Governor Andrew Cuomo, on or about March 7, 2020, issued an Executive Order declaring a disaster emergency for the State of New York. About March 16, 2020 Soundview Cinemas was closed for business pursuant to the Executive Order, which caused Soundview to suffer a financial loss. Soundview filed a claim with Great American with respect to business loss of income due to the Governor’s shutdown order. Great American denied the claim. It stated that the “suspension” of business must be caused by a direct physical loss to the property, and the policy must contain a clause stating coverage for such loss. The Court agreed. It stated, in part: “Federal Courts in New York and throughout the country have almost uniformly held that loss of use of the premises due to COVID-19 related to government orders does not trigger business income coverage based on physical loss of property.”

The Judge went on to say: “While the Court is sympathetic to the economic consequences resulting from the closure of plaintiff’s movie theater, the Court concurs with the majority view that loss of use of premises due to COVID-19 related government orders does not constitute “direct physical loss of or damage to the property” that would trigger Business Income coverage under the policy.”

(Note: The Tenant Safety Harbor Act article due to expire on May 1st was extended by the State Legislature to August 31st.)

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LOCAL EVENTS

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Mother’s day Brunch at The Hampton Maid

May 11 @ 08:00 AM - May 11 @ 02:00 PM
259 East Montauk Hwy, Hampton Bays, NY, 11946
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Mother’s Day Brunch at The Baker House 1650

May 11 @ 10:00 AM - May 11 @ 01:00 PM
The Baker House 1650
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Mother’s Day Sound Bath with Daniel Lauter

May 11 @ 10:00 AM - May 11 @ 11:30 AM
The Church, 48 Madison St, Sag Harbor, NY 11963
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Mother’s Day Brunch at Good Ground Tavern

May 11 @ 11:00 AM - May 11 @ 03:00 PM
239 East Montauk Highway Hampton Bays, NY 11946
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Paddle Diva’s Mother’s Day Paddle and Brunch

May 11 @ 11:00 AM - May 11 @ 12:00 PM
Vandevere Marina 10 Boat Yard Road, East Hampton, NY
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Raise A Glass To The Kentucky Derby With These Mint Juleps – With A Twist

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  • It’s Mother’s Day Weekend! ⁠
⁠
From fine jewelry to live music, art, brunches & nature — here’s what’s happening:⁠
⁠
💎 Jen Proudman Jewelry Pop-Up⁠
🗓️ Friday, May 9 | 2–5PM⁠
📍 Le Closet, 9 Windmill Lane, Southampton⁠
✨ Shop stunning gem-carved fine jewelry while browsing luxury consignment.⁠
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🎬 Gary Cooper Festival⁠
🗓️ Fri, May 9 – Sun, May 11⁠
📍 Southampton Playhouse, 43 Hill St⁠
🌟 A weekend honoring a Hollywood icon with screenings and celebrations.⁠
⁠
🖼️ 17 Women Art Exhibition⁠
🗓️ Sat, May 10 – Sun, May 11 | 11AM–4PM⁠
📍 Ashawagh Hall, East Hampton⁠
🎨 Featuring painting, sculpture & photography by 17 female artists.⁠
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🏛️ Southampton History Museum Spring Fair⁠
🗓️ Saturday, May 10 | 11AM–4PM⁠
📍 17 Meeting House Lane, Southampton⁠
🎶 Live 19th-century music, local legends, crafts, games & more!⁠
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🍳 Artists’ Table Brunch @ Watermill Center⁠
🗓️ Saturday, May 10 | 12–2PM⁠
📍 Watermill Center⁠
🥗 Chef-made meal & artist presentations in an intimate setting.⁠
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🌹 LongHouse Talks: Roses in the Garden⁠
🗓️ Saturday, May 10 | 2–4PM⁠
📍 LongHouse Reserve, East Hampton⁠
📚 Photographer Ngoc Minh Ngo shares stories & images from her new book.⁠
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🎸 The Barnstorm Live @ The Clubhouse⁠
🗓️ Saturday, May 10 | 9PM⁠
📍 174 Daniels Hole Rd, East Hampton⁠
🎤 NYC’s favorite party rock band hits the Hamptons!⁠
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🗿 Vadis Turner’s “Venus Rising”⁠
🗓️ Saturday, May 10 | 4–5PM⁠
📍 LongHouse Reserve⁠
🔥 Bold new outdoor sculpture debut + Artist Walk & Talk.⁠
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🌊 Paddle Diva’s Mother’s Day Paddle & Brunch⁠
🗓️ Sunday, May 11 | 11AM⁠
📍 Vandevere Marina, East Hampton⁠
🛶 Paddle, then brunch with Fresno. Get a free MOM-osa!⁠
⁠
🍽️ Mother’s Day Dining Guide⁠
🗓️ Sunday, May 11⁠
🎁 Treat mom to a perfect brunch, lunch or dinner.⁠
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🎨 ArtSea Create & Sip: Horseshoe Crab Molt⁠
🗓️ Tuesday, May 13 | 6–8PM⁠
📍 Tiana Bayside, Hampton Bays⁠
🖌️ Paint + sip night celebrating horseshoe crabs. No experience needed!⁠
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📍 Check out more events at Hamptons.com (Link in Bio)⁠
#hamptonsevents #eastendhappenings #mothersdayweekend #artinthehamptons #livemusic #southamptonny #easthampton #hamptonslife⁠
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  • 7 Ashwood Court, Southampton, NY 11968⁠
Saunders Exclusive: $6,200,000⁠
@vinceinthehamptons⁠
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This magnificent new construction offers a blend of modern luxury and timeless sophistication. Spanning 7,546 +/- sq. ft. on a pristine 0.92-acre lot, this two-story traditional-style residence boasts 7 bedrooms, 7 full baths, and 1 half bath.⁠
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Inside, find an open kitchen adorned with marble countertops and high-end stainless steel appliances, perfect for the culinary enthusiast. The home features a spacious entry foyer, a living room, dining room, family room, den/office, and a study. Enjoy the comfort of two primary bedrooms, each with its own freestanding soaking tub, located on the first and second floors, respectively.⁠
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  • Steeped in tradition, history, and familiarity, a refurbished Sagaponack General Store has reopened its doors. Though still on the same footprint, the renovated establishment feels larger and more spacious, with an open layout and abundant natural light that adds warmth and charm. It now shares space with the newly restored historic Post Office at 542 Sagg Main Street in Sagaponack, located between Sagaponack Road and Hedges Lane, just south of the Sagaponack Common School.⁠
⁠
The original 1878 building was meticulously moved 15 feet back from Sagg Main Street and now features a welcoming new porch. The Post Office, located there as well, has its own handicapped-accessible entrance. While construction is complete, the Post Office has not yet reopened to the public. ⁠
⁠
Read the full article at Hamptons.com (Link in Bio)⁠
⁠
#sagaponackgeneralstore #local #community #sagaponack #⁠
⁠
  • Check out the top Hamptons events this weekend!⁠
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🎭 Coppélia at Guild Hall⁠
📅 May 2–4⁠
🕖 Fri & Sat @ 7PM | Sun @ 12PM & 5PM⁠
📍 Guild Hall, East Hampton⁠
✨ Hampton Ballet Theatre School’s spring ballet!⁠
🎟️ Link in bio⁠
⁠
🎙️ Elvis Meets Sinatra @ WHBPAC⁠
📅 Sat, May 3 | 🕗 8PM⁠
📍 Westhampton Beach PAC⁠
🎶 Top tribute acts for Elvis & Sinatra⁠
🎟️ Link in bio⁠
⁠
📚 Gingy’s Diaries @ Southampton Arts Center⁠
📅 May 2–4⁠
🕑 2PM & 7PM⁠
🎭 A witty, moving new show by Ilene Beckerman⁠
🎟️ Link in bio⁠
⁠
🌸 Spring Market @ Share the Harvest Farm⁠
📅 Sat, May 3 | 🕙 10AM–12PM⁠
📍 St. Luke’s Church, East Hampton⁠
🎶 Live music, fresh food, flowers & gifts⁠
🎟️ Link in bio⁠
⁠
🏇 Kentucky Derby Party⁠
📅 Sat, May 3 | 🕓 4PM–7PM⁠
📍 Fauna, Westhampton Beach⁠
🍹 Cocktails, hors d’oeuvres & hat contest!⁠
🎟️ Link in bio⁠
⁠
🌼 Mother’s Day Flower Arranging Class⁠
📅 Sun, May 4 | 🕒 3PM–5PM⁠
📍 The Hampton Maid, Hampton Bays⁠
💐 Create a bouquet with Andrews Family Farm⁠
🎟️ Link in bio⁠
⁠
🧘‍♀️ The Rise Wellness Retreat⁠
📅 Sun, May 4 | 🕘 9AM or 3PM⁠
📍 East Hampton Indoor Tennis Club⁠
💪 Yoga, Padel, painting & shopping powered by Lululemon⁠
🎟️ Link in bio⁠
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🏃 May Day 5K – East Hampton⁠
📅 Sun, May 4 | 🕘 9AM⁠
📍 101 Ocean Ave, East Hampton⁠
💖 Run for Family Service League⁠
🎟️ Link in bio⁠
⁠
🪑 Almond Zigmund: Wading Room Exhibition⁠
📅 Opens Sun, May 4 | 🕛 12PM–5PM⁠
📍 Guild Hall, East Hampton⁠
🎨 A fusion of art, furniture & collaboration⁠
📸 Photo Credit: Francine  Fleischer
🎟️ Link in bio⁠
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🍽️ Long Island Restaurant Week⁠
📅 May 2–4⁠
📍 Various Restaurants⁠
🍷 Enjoy 3-course prix fixe meals across LI⁠
🎟️ Link in bio⁠
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⛳ CMEE Spring Golf Outing @ The Bridge⁠
📅 Wed, May 7 | 🕜 1:30PM–6PM⁠
📍 Bridgehampton⁠
🥂 Golf, brunch, cocktails & auction⁠
🎟️ Link in bio⁠
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Check out more events at Hamptons.com (Link in Bio)⁠
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#hamptons #weekend #local #springmarket #golf ⁠
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Saunders Exclusive: $8,995,000⁠
@hamptonsrealestate @edmundgaetjens⁠
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Discover an unparalleled offering in the heart of historic Sag Harbor Village. Situated on an idyllic 0.63-acre corner lot, this meticulously restored Victorian delivers the ultimate Hamptons lifestyle: a luxuriously appointed main residence, a lofted studio, and resort-like grounds with a heated gunite pool. Just moments from Sag Harbor
  • To launch the celebrations for its 50th edition, the Hampton Classic Horse Show has unveiled its 2025 poster, “Beneath the Painted Sky,” featuring artwork by Michael “Mickey” Paraskevas of Southampton, NY. Paraskevas has previously designed the Hampton Classic poster four times (1987, 1992, 1998 and 2008).⁠
⁠
Celebrating 50 years of world-class equestrian competition, the Hampton Classic returns to Bridgehampton, NY, August 24-31, featuring FEI CSI5* and CSI2* show jumping and USEF Premier hunter competitions with more than $1 million in prize money.⁠
⁠
📸: Poster Courtesy of the Hamptons Classic⁠
⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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#hamptonclassic #arts #poster #bridgehampton
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