Bruce H. Wiener, Slava Hazin's Successful Appeal Featured in Habitat Magazine

01/10/2023 | Habitat Magazine

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In "Here's the Wrong Way to Handle a Noise Complaint in a Co-op," Habitat Magazine, which covers co-ops, condos and homeowner associations in the New York City greater metropolitan area, profiled a recent Appellate Division decision as a casebook study as to what co-op boards and neighbors should not do when faced with alleged noise complaints.  Warshaw Burstein real estate litigators Bruce H. Wiener and Slava Hazin won the appeal in Silverman v. Park Towers Tenants Corp., which involved a complicated dispute between the co-op board and apartment owners residing on the same floor.  The Silvermans made a false noise complaint to the co-op against the Toussies (represented by Warshaw Burstein) in a bad faith effort to force the co-op board to terminate the Toussies’s proprietary lease.  The Silvermans, acting in concert with Mak, a former board member, engaged in a long-time pattern of abusive and harassing conduct against Danielle Toussie.  The Appellate Court affirmed the lower court’s decision denying Mak's motion to dismiss Danielle's claim for intentional infliction of emotional distress.  Such a claim is upheld in exceptional and rare instances.