By: Daily Record Staff//September 20, 2023
By: Daily Record Staff//September 20, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Standing – Injunctive relief vs monetary relief
Appealed from Supreme Court, Steuben County
Background: The plaintiff is a non-profit corporation composed of residents of a nonparty community. The plaintiff was formed to promote the interests of the residents in the community. The plaintiff commenced an action alleging that monthly increase in rent was for the purpose of providing the residents with access to city water and sewer services but the defendant failed to make any meaningful progress on the project in more than two years. It also alleged that the community’s water and sewage systems continued to deteriorate, leading to sewage backups, foul smells, illnesses and a week-long boil water notice. The defendant appeals from the denial of its motion to dismiss arguing that the plaintiff lacked standing.
Ruling: The Appellate Division granted the motion against two of the defendants. The court held that as an association it has standing to seek declaratory and injunctive relief, but it lacks standing to seek damages to the extent as the damages would require individual evidence from the plaintiff’s members.
Michael J. Catalfimo, of the Rowlands, Lebrou & Griesmer, for the defendants-appellants; Jonathan C. Placito, of Legal Assistance of Western New York, for the plaintiff-respondent.