Monday, August 15, 2022
Subscribe to Guide
No Result
View All Result
Hamptons.com
  • Live Cameras
    • All Live Cameras
    • Live! Weather Cams
    • 39A Corner
    • Main Beach
    • South Ferry
    • Coopers Beach
    • Southampton Village (South)
    • Southampton Village (North)
    • Southampton Village (Hildreths)
    • Downtown Circle Montauk
    • Long Island Aquarium | Shark Tank
    • Long Island Aquarium | Coral Reef
    • Tiana Beach
    • Ponquogue Beach
    • Ponquogue Bridge
    • Shinnecock Fishing Dock
    • Village Main Street
    • Downtown Sag Harbor
    • Windmill Beach Sag Harbor
    • Foster Memorial Beach
    • Conscience Point Marina
  • Public WiFi
  • Happening
    • Arts
    • Community
    • Dining
    • Entertainment
    • Kids
    • Recreation
    • Real Estate
    • Events Calendar
    • Post an Event
    • Gallery
    • Spotlight
  • Real Estate
    • Open Houses
    • Search Sales
    • Search Rentals
    • Recorded Sales
    • Title Insurance
  • Live Cameras
    • All Live Cameras
    • Live! Weather Cams
    • 39A Corner
    • Main Beach
    • South Ferry
    • Coopers Beach
    • Southampton Village (South)
    • Southampton Village (North)
    • Southampton Village (Hildreths)
    • Downtown Circle Montauk
    • Long Island Aquarium | Shark Tank
    • Long Island Aquarium | Coral Reef
    • Tiana Beach
    • Ponquogue Beach
    • Ponquogue Bridge
    • Shinnecock Fishing Dock
    • Village Main Street
    • Downtown Sag Harbor
    • Windmill Beach Sag Harbor
    • Foster Memorial Beach
    • Conscience Point Marina
  • Public WiFi
  • Happening
    • Arts
    • Community
    • Dining
    • Entertainment
    • Kids
    • Recreation
    • Real Estate
    • Events Calendar
    • Post an Event
    • Gallery
    • Spotlight
  • Real Estate
    • Open Houses
    • Search Sales
    • Search Rentals
    • Recorded Sales
    • Title Insurance
No Result
View All Result
Hamptons.com

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

John A. Viteritti by John A. Viteritti
April 30, 2021
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.)

Previous Post

Lobster Roll Opens For 2021 Season

Next Post

Raise A Glass To The Kentucky Derby With These Mint Juleps – With A Twist

John A. Viteritti

John A. Viteritti

John is a St. John's University graduate, licensed Real Estate Broker, DOS Certified Instructor, and real estate consultant. He previously taught at NYU, LIU, and The Cook Maran Real Estate School, which he helped found.

Next Post
Raise A Glass To The Kentucky Derby With These Mint Juleps – With A Twist

Raise A Glass To The Kentucky Derby With These Mint Juleps - With A Twist

ADVERTISE

SEARCH ARTICLES

No Result
View All Result

Categories

  • Arts (2,182)
  • Community (1,937)
  • Dining (817)
  • Entertainment (986)
  • Featured (315)
  • Gallery (2,154)
  • Kids (52)
  • Real Estate (652)
  • Recreation (1,607)
  • Spotlight (38)
  • Review: “Ragtime,” Might be the Best Musical Ever at Bay Street Theater!

Bay Street Theater’s powerful production of the musical “Ragtime” mesmerized the audience and at the end had them on their feet applauding wildly. “Ragtime” is a must see. There are so many individual roof raising performances, yet the show is so much more than the sum of these amazing exhibitions of top level singing, dancing and physical acting. The drama is spellbinding. “Ragtime,” is running at the Bay Street Theater until August 28th, Visit www.baystreet.org for all information about show times and ticket purchases. @baystreettheater

Read the full article at Hamptons.com (Link in Bio) #hamptons #theater #baystreet
  • Sixty-Something: The Fleeting Whirlwind and Frantic Days of August

It’s almost mid-August and I feel elated. Then I also feel that summer is now quickly coming to an end. Eventually in August one does start counting the days to Labor Day. Over the six decades of my lifetime many amazing things have happened in August. Some out in the Hamptons. When I say August, I always just smile.

Read the full article at Hamptons.com (Link in Bio) #hamptons #august #summer
  • Premium Water Taxi Service Le Launch, Private Passage by Sea

Elevate your next dinner out with Le Launch, a private and luxurious water taxi service in Sag Harbor. Who needs the valet when you cruise up in style to your waterside restaurant? Skip the traffic and enjoy the serenity and scenery of the Hamptons via private water taxi. @lelaunchhamptons

Read the full article at Hamptons.com (Link in Bio) #watertaxi #hamptons #lelaunch
  • Figures Transformed, Three Generations of Artists at Southampton Arts Center

Southampton Arts Center presents, FIGURES TRANSFORMED, an exhibition of work focused on the representation of human form (i.e., figures). Featuring art from three artists across generations each of whose art incorporates the figure as central imagery. This thought-provoking exhibit is approachable for frequent gallery attendees and casual viewers alike—everybody has a body! @southamptonartscenter  @deborahbuck

Read the full article at Hamptons.com (Link in Bio) #southampton #southamptonartscenter #arts #figurestransformed #exhibition
  • Dom Pérignon Offers Three-Star Michelin Omakase Aboard Luxury Yacht in the Hamptons

This August, celebrate the last moments of summer with a one-of-a-kind gastronomic experience aboard a Dom Pérignon-branded yacht on the waters of Sag Harbor and Montauk.

For the first time ever, guests are invited to reserve private Dom Pérignon cruises on an 88’ San Lorenzo superyacht while enjoying a sushi omakase concepted by renowned 3-star Michelin chef Masa Takayama. His omakase experience has never been offered to book on a yacht… until now. Chef Masa crafted a unique menu designed to pair perfectly with recent Dom Pérignon vintages: Vintage 2012, Rosé 2008 and Vintage 2003 Plénitude 2. @domperignonofficial  @chefmasanyc

Read the full article at Hamptons.com (Link in Bio) #hamptons #DomPérignon #yacht #cruise #sushi #masatakayama
  • Join Arootah in the Hamptons! @arootahcoach @imentororg 

The Hamptons Summer Fête
Wednesday, Aug. 17 
from 6 p.m. to 10 p.m. 

Save Your Spot 
Share a drink and hors d’oeuvres, enjoy live music, and bid on items. 

Join for their fundraiser event to support iMentor youth. 

RSVP in our LinkTree⬆️
#fundraiser #imentor #imentornyc #Hamptons #mentor
Facebook Twitter Instagram Youtube
Hamptons.com

Saunders Broadcasting Corp.

Phone: 631-405-3902
Email: [email protected]
Facebook: Facebook.com/HamptonsOnline
Twitter: @Hamptons
Instagram: @HamptonsOnline

Contact Us

Happening in the Hamptons

  • Arts
  • Community
  • Dining
  • Entertainment
  • Featured
  • Gallery
  • Kids
  • Real Estate
  • Recreation
  • Spotlight

Subscribe

Get daily news updates to your inbox!

Subscribe to our mailing list to receives daily updates!

© 2021 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | Contact Us

No Result
View All Result
  • Live Cameras
    • All Live Cameras
    • Live! Weather Cams
    • 39A Corner
    • Main Beach
    • South Ferry
    • Coopers Beach
    • Southampton Village (South)
    • Southampton Village (North)
    • Southampton Village (Hildreths)
    • Downtown Circle Montauk
    • Long Island Aquarium | Shark Tank
    • Long Island Aquarium | Coral Reef
    • Tiana Beach
    • Ponquogue Beach
    • Ponquogue Bridge
    • Shinnecock Fishing Dock
    • Village Main Street
    • Downtown Sag Harbor
    • Windmill Beach Sag Harbor
    • Foster Memorial Beach
    • Conscience Point Marina
  • Public WiFi
  • Happening
    • Arts
    • Community
    • Dining
    • Entertainment
    • Kids
    • Recreation
    • Real Estate
    • Events Calendar
    • Post an Event
    • Gallery
    • Spotlight
  • Real Estate
    • Open Houses
    • Search Sales
    • Search Rentals
    • Recorded Sales
    • Title Insurance

© 2021 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | Contact Us