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8 New York opinions name it 4 courts 1972–2025 3 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kew Gardens Associates v. Regangreen2 sentences2025Petitioner argues that complaints made 5 years prior cannot be the basis of a retaliatory eviction claim, since Real Property Law (RPL) § 223-b only applies to complaints made within one year before the retaliatory conduct. [FN1] To the extent that the common law retaliatory eviction defense continues to coexist with Real Property Law § 223-b ( see Weil v Kaplan , 175 Misc 3d 482 , 485 [App Term, 2d Dept, 9th & 10th Jud Dists 1997]; Kew Gardens Assocs v Regan , 106 Misc 2d 267, 269-270 [Civ Ct, Queens County 1980]), petitioner is correct that respondent would not benefit from the [*4]rebuttabl 2025Petitioner argues that complaints made 5 years prior cannot be the basis of a retaliatory eviction claim, since Real Property Law (RPL) § 223-b only applies to complaints made within one year before the retaliatory conduct. [FN1] To the extent that the common law retaliatory eviction defense continues to coexist with Real Property Law § 223-b ( see Weil v Kaplan , 175 Misc 3d 482 , 485 [App Term, 2d Dept, 9th & 10th Jud Dists 1997]; Kew Gardens Assocs v Regan , 106 Misc 2d 267, 269-270 [Civ Ct, Queens County 1980]), petitioner is correct that respondent would not benefit from the [*4]rebuttabl | 2 | 2 |
390 West End Associates v. Raiffgreen1 sentence2000End Assocs. v Raiff, 166 Misc 2d 730, 734 [App Term, 1st Dept 1995], supra.) The facts presented to the Appellate Term in 390 W. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Yvonne C. Edwards v. Nathan Habib
green
2 sentences1974This determination of viability is supported by the doctrine of retaliatory eviction, as set forth in Edwards v. Habib ( 397 F. 2d 687 , cert. den. 393 U. S. 1016 ). 1972In Edwards v. Habib ( 397 F. 2d 687, 702 , supra), the court cautioned that even if a tenant can prove a retaliatory defense, he would not be entitled to remain in possession in perpetuity. “ If this illegal purpose is dissipated, the landlord can, in the absence of legislation or a binding contract, evict his tenants or raise their rents for economic or other legitimate reasons, or even for no reason at all.” The court finds that the tenant has failed to prove the elements necessary to sustain the alleged retaliatory eviction defense. | 2 | 1972–1974 |
Gordon v. 476 Broadway Realty Corp.
green
2 sentences2025Even if this Court were to consider respondent's unpreserved argument, retaliatory eviction does not apply here since petitioner acted in good faith when it sought possession based upon respondent's violation of the [*2]terms and conditions of the proprietary lease, namely her failure to pay maintenance and other fees ( see Gordon v 476 Broadway Realty Corp., 129 AD3d 547 [2015]). 2025Even if this Court were to consider respondent's unpreserved argument, retaliatory eviction does not apply here since petitioner acted in good faith when it sought possession based upon respondent's violation of the [*2]terms and conditions of the proprietary lease, namely her failure to pay maintenance and other fees ( see Gordon v 476 Broadway Realty Corp., 129 AD3d 547 [2015]). | 1 | 2025–2025 |
Weil v. Kaplan
green
1 sentence2001The mere settlement of a negligence lawsuit, commenced as a consequence of injuries sustained by tenants’ son when a fixture apparently fell in the apartment, is not, in and of itself, an adequate basis for a retaliatory eviction claim (see, Weil v Kaplan, 175 Misc 2d 482 [App Term, 2d Dept]). | 1 | 2001–2001 |
Toms Point Apartments v. Goudzward
green
1 sentence1997In opposition to the motion to dismiss, tenants contended, inter alia, that Real Property Law § 223-b is not the exclusive source of the retaliatory-eviction claim; that it existed in the case law prior to the enactment of the statute (see, e.g., Toms Point Apts. v Goudzward, 72 Misc 2d 629 , and cases cited therein; Edwards v Habib, 397 F2d 687); and that the case law claim continues to coexist with the statutory claim. | 1 | 1997–1997 |
Habib v. Edwards
green
1 sentence1974This determination of viability is supported by the doctrine of retaliatory eviction, as set forth in Edwards v. Habib ( 397 F. 2d 687 , cert. den. 393 U. S. 1016 ). | 1 | 1974–1974 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.