Muniz v. Flohern (77 N.Y.2d 869) landlord not liable to victim of crime on premises where landlord had no relationship to the perpetrator. RPL §231(2) rendering landlord liable for damages cause by unlawful use, inapplicable due to deficiency in common law claim.

2. Nestor v. McDowell (81 N.Y.2d 410), tenant's opportunity to cure (RPAPL 753[4]) applies in ejectment actions; Landlord not entitled to attorney's fees, as did not prevail on central relief sought - possession.

3. AN Assocs. v. Quotron Sys. (159 Misc. 2d 515) employment recruitment firms compared to real estate brokers. "Procuring cause" standard utilized.

4. Holy Properties, Ltd. v. Cole Productions, Inc. (87 N.Y.2d 130) - Upon execution of lease, tenant’s obligations to pay rent is fixed according to the terms of the lease and landlord is under no obligation or duty to the tenant to minimize damages where tenant abandons property without cause; landlord may do nothing and collect the full rent due under the lease; where lease provides that tenant shall be liable for rent after eviction, provision is enforceable.

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Second quarter Legal Lines now available

The second quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers who needs to sign a listing agreement, the issue of websites and accessibility for individuals protected under the Americans with Disabilities Act, a broker was not found liable for fraud to to a disclaimer in the purchase contract and more. Learn more