Castorina v. Ostrove, 140 A.D.2d 245 (N.Y. App. Div. 1988). · Go Syfert
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Castorina v. Ostrove, 140 A.D.2d 245 (N.Y. App. Div. 1988). Cases Citing This Book View Copy Cite
52 citation events (24 in the last 25 years) across 10 distinct courts.
Strongest positive: Nazor v. Sydney Sol Group, Ltd. (nyappdiv, 2025-06-03)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Nazor v. Sydney Sol Group, Ltd. (2×)
N.Y. App. Div. · 2025 · confidence medium
Minjak Co. v Randolph , 140 AD2d 245, 250 [1st Dept 1988]; see also Rules of City of New York Loft Board [29 RCNY § 2-04(d)]).
discussed Cited as authority (rule) Black Quarry Millwork, LLC v. Sandy Littman Realty Corp.
N.Y. App. Div. · 2023 · confidence medium
The affidavit of tenant's principal creates an issue of fact as to partial constructive eviction, which would abate tenant's responsibility to pay rent ( see Minjak Co. v Randolph , 140 AD2d 245, 248 [1st Dept 1988]["a tenant may assert as a defense to the nonpayment of rent the doctrine of constructive eviction, even if he or she has abandoned only a portion of the demised premises due to the landlord's acts in making that portion of the premises unusable by the tenant"]; Johnson v Cabrera , 246 AD2d 578, 579 [2d Dept 1998][finding a constructive eviction where "the loss of heat and water sub…
discussed Cited as authority (rule) Fuisz v. 6 E. 72nd St. Corp.
N.Y. App. Div. · 2023 · confidence medium
Finally, we also modify to reinstate plaintiff's claim for partial constructive eviction against the cooperative based on the damages that rendered portions of her apartment unusable ( Minjak Co. v Randolph , 140 AD2d 245, 248 [1st Dept 1988]).
discussed Cited as authority (rule) Fuisz v. 6 E. 72nd St. Corp.
N.Y. App. Div. · 2023 · confidence medium
Finally, we also modify to reinstate plaintiff's claim for partial constructive eviction against the cooperative based on the damages that rendered portions of her apartment unusable ( Minjak Co. v Randolph , 140 AD2d 245, 248 [1st Dept 1988]).
discussed Cited as authority (rule) Berg v. Chelsea Hotel Owner, LLC
N.Y. App. Div. · 2022 · confidence medium
In addition, if defendants' acts or inaction are shown to be intentional and malicious, the allegations could support an award of punitive damages for these claims ( Jobe , 198 AD3d at 440,citing Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dep 1988]).
discussed Cited as authority (rule) De La Rosa v. Nelson Ave. Holdings
N.Y. App. Div. · 2021 · confidence medium
The trial court also providently exercised its discretion by reserving decision on whether to allow the punitive damages claim to proceed and, in the interim, allowing evidence relevant to that claim (including evidence of prior bad acts by defendant) to be introduced, as it was not clear prior to admission of such evidence whether punitive damages would be warranted ( see generally Gruber v Craig , 208 AD2d 900, 901 [2d Dept 1994]; Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dept 1988] [punitive damages may be appropriate where the landlord failed to rectify a hazardous condition posin…
discussed Cited as authority (rule) De La Rosa v. Nelson Ave. Holdings
N.Y. App. Div. · 2021 · confidence medium
The trial court also providently exercised its discretion by reserving decision on whether to allow the punitive damages claim to proceed and, in the interim, allowing evidence relevant to that claim (including evidence of prior bad acts by defendant) to be introduced, as it was not clear prior to admission of such evidence whether punitive damages would be warranted ( see generally Gruber v Craig , 208 AD2d 900, 901 [2d Dept 1994]; Minjak Co. v Randolph , 140 AD2d 245, 249-250 [1st Dept 1988] [punitive damages may be appropriate where the landlord failed to rectify a hazardous condition posin…
cited Cited as authority (rule) Fieldstone Capital Inc. v. Ryan & Conlon, LLP
N.Y. App. Term. · 2019 · signal: cf. · confidence medium
Corp. v Bein , 226 App Div 73 [1929]; cf. Minjak Co. v Randolph , 140 AD2d 245, 248-249 [1988]).
cited Cited as authority (rule) Benitez v. Restifo
nyyonkerscityct · 1996 · confidence medium
Park S. Corp., 16 AD2d 461 , affd 12 NY2d 329 [1963] [compensatory and punitive damages awarded]; Minjak Co. v Randolph, supra, 140 AD2d, at 250 [punitive damages awarded]).
discussed Cited as authority (rule) Yochim v. McGrath
nyyonkerscityct · 1995 · confidence medium
Airlines, 108 Misc 2d 485 [1981] [breach of contract]) and under a breach of covenant of quiet enjoyment (see, e.g., Minjak v Randolph, supra, 140 AD2d, at 249-250 [punitive damages]; Bartolomeo v Runco, 162 Misc 2d, at 492, supra, [punitive damages]; I.H.P.
discussed Cited as authority (rule) Werner, Zaroff, Slotnick, Stern & Askenazy v. Lewis
N.Y. City Civ. Ct. · 1992 · confidence medium
Co., 48 NY2d 906, 907 ; Williamson, Pickett, Gross v Hirschfeld, 92 AD2d 289, 295 [punitive damages for conduct involving bad faith].)” (Minjak Co. v Randolph, 140 AD2d 245, 249 [1st Dept 1988]; see, Hubbell v Trans World Life Ins.
discussed Cited as authority (rule) Manhattan Mansions v. Moe's Pizza
N.Y. City Civ. Ct. · 1990 · confidence medium
The Appellate Division, First Department, in the case of Minjak Co. v Randolph ( 140 AD2d 245, 248 [1988]), however held that "the tenants were entitled to avail themselves of the doctrine of constructive eviction based on their abandonment of a portion of the premises.” Minjak involved a commercial lease for loft space, used for combined commercial and residential purposes, in which the tenant was unable to use that portion of the space set aside as a music studio due to dust and other problems created by petitioner’s construction in the building.
discussed Cited as authority (rule) 186-90 Joralemon Associates v. Dianzon
N.Y. App. Div. · 1990 · signal: cf. · confidence medium
Nichols, Inc. v American Shopping Centers, 115 AD2d 856, 859 [1st Dept 1985]; cf., Minjak Co. v Randolph, 140 AD2d 245, 248 [1st Dept 1988].) Finally, the IAS court properly denied plaintiff’s motion for summary judgment regarding the porter wage escalation, real estate tax increase, Local Laws, 1973, No. 5 of the City of New York costs and attorney’s fees which allegedly accrued prior to defendant’s May 1985 vacatur.
cited Cited "see" Poyck v. Bryant
N.Y. City Civ. Ct. · 2006 · signal: see · confidence high
See Minjak Co. v Randolph, 140 AD2d 245 (1st Dept 1988). .
discussed Cited "see" 390 West End Associates v. Raiff
N.Y. App. Term. · 1995 · signal: see · confidence high
Tenant’s second counterclaim for punitive damages for breach of the warranty of habitability must be stricken as well, since no facts have been alleged indicating that landlord’s conduct rose to the level of moral culpability or criminal indifference to civil obligations (Walker v Sheldon, 10 NY2d 401, 404-405 ; see generally, Minjak Co. v Randolph, supra, 140 AD2d, at 249 ; GSL Enters. v Bercovici, NYLJ, June 23, 1994, at 28, col 5 [App Term, 1st Dept]).
Retrieving the full opinion text from the archive…
Salvatore Castorina
v.
Lester Ostrove
Appellate Division of the Supreme Court of the State of New York.
May 24, 1988.
140 A.D.2d 245
Published

Upon review of the record, we find that the compensatory and punitive damages awarded are excessive to the extent indicated. Concur — Murphy, P. J., Carro, Asch, Kassal and Smith, JJ.