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Mayes v. UVI Holdings3/22/2001
Plaintiffs, lessees and occupants of an apartment owned by defendant UVI Holdings, Inc. and located at 406 West 56th Street, commenced this action to recover damages for their eviction on July 9, 1996, which was previously found to have been wrongful because executed on an invalid warrant. The action is prosecuted against the corporate owner, together with the managing agent for the premises, Arthur Haruvi, who is also the president of UVI Holdings (collectively, the landlord); against their attorneys, the firm of Mujica & Goodman and Jacob Goodman, individually (collectively, the law firm); and against former New York City Marshal Rita Herzog, who carried out the eviction.
The amended complaint states nine causes of action. Six of these (first through fourth, sixth and seventh) name all defendants and seek damages, respectively, for wrongful eviction pursuant to Real Property Actions and Proceedings Law (RPAPL) 853, property damage, intentional infliction of emotional distress, conversion, negligence and negligent infliction of emotional distress. In addition, plaintiff tenant seeks damages from the landlord for personal injury (fifth cause of action) allegedly sustained when a portion of a ceiling fell on her back several days prior to her eviction, and all plaintiffs assert claims (eighth and ninth causes of action) of fraudulent misrepresentation and malpractice against the law firm, predicated on its failure to obtain a valid warrant of eviction. The landlord similarly asserts a cross claim against the firm for malpractice, and seeks contribution and indemnification from the Marshal. Marshal Herzog asserts cross claims against the law firm, by reason of its failure to apply for a valid warrant, and against the landlord, seeking indemnification pursuant to a written indemnification agreement and on the basis of the landlord's ratification of her acts as its agent. Finally, the law firm seeks contribution and indemnification from the other defendants.
This matter is before this Court on appeal by the law firm from the denial of its motion for summary judgment dismissing the complaint and from the grant of summary judgment to the landlord on its cross claim for legal malpractice; on cross appeal by the landlord from the denial of its motion to dismiss plaintiffs' claims for punitive and treble damages; and on cross appeal by the Marshal from the denial of her respective cross motions seeking dismissal of plaintiffs' claims and for summary judgment against the law firm. Analysis of these dispositions is not aided by plaintiffs' failure to specify that they sought partial summary judgment with respect to their first cause of action as opposed to summary judgment with respect to all claims professed to constitute causes of action. In addition, plaintiffs neglected to submit any reply to the respective cross motions for dismissal, instead limiting their response to the cross motion by defendant law firm seeking sanctions against plaintiffs for their pursuit of assertedly "frivolous" claims.
The facts are largely a matter of record. In February 1996, the landlord commenced a summary proceeding to recover possession of real property on the grounds of nonpayment of rent. The record reflects that a demand for rent dated January 24, 1996 had previously been served on plaintiff tenant by certified mail. The petition recites that rent is past due for the period from September 1995 through February 1996 in the amount of $2254.39. The record contains an affidavit of conspicuous service dated February 29, 1996. The petition, which was filed the same day, bears the stamped legend "Postcard notice mailed by Court Clerk". It is uncontested, however, that plaintiff tenant failed to appe
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