Posted October 20th, 2017.
The tenants-rights lawsuit In re Gateway Plaza Residents Litigation (New York County Supreme Court Index No. 651023/2014), alleges that the Gateway Plaza apartment complex has been plagued by structural and design defects for more than a decade. In particular, Gateway’s residents have been forced to endure unbearably cold temperatures during the winter months because of outdated and poorly designed exterior walls and windows and numerous ventilation problems throughout the complex. The conditions are so bad, in fact, that tenants have even had icicles form inside their apartments.
The action seeks structural repairs for the Gateway Plaza complex, a six-building, 1700 plus-unit apartment complex located in Manhattan’s Battery Park City, and significant rent deductions and refunds for tenant (and former tenant) class members.
The Law Firms of Newman Ferrara LLP, Safirstein Metcalf LLP and Sanford Heisler Sharp, LLP, who are counsel for the proposed tenant class, announce that a motion for class certification has been filed in the lawsuit. If granted, class certification will enable the tenants to band together to pursue these remedies on behalf of the thousands of victims who have resided at Gateway Plaza since April 2008.
The motion seeking class certification was filed on July 20, 2017. Plaintiff’s counsel will file additional papers in support of the Motion in November 2017 and the Court has scheduled oral argument on the Motion for Class Certification for early December 2017.
Newman Ferrara name partner Lucas Ferrara, a leading authority on tenant’s rights under New York law, and co-author of the leading legal treatise, “Landlord and Tenant Practice in New York,” said in a statement that “Plaintiff’s counsel are looking forward to the opportunity to put all of the facts before the court. Gateway Plaza tenants have been made to suffer for years and it is time for the landlord, the LeFrak Organization, and its partners from the Fisher and Olnick Organizations, to be held accountable.”
Peter Safirstein, of Safirstein Metcalf LLP stated, “[i]t is shameful that these intolerable conditions have been allowed to persist for years. To make matters worse, tenants have had to pay significantly higher electricity costs than they should have.”
Any tenant or former tenant at Gateway Plaza who has questions about the lawsuit or wishes to discuss the lawsuit should call or write to Sheila Feerick at Safirstein Metcalf LLP at 1-800-221-0015, or email info@SafirsteinMetcalf.com.