Little v. Landsman Development Corp.

24 F. Supp. 3d 294, 2014 WL 2535023, 2014 U.S. Dist. LEXIS 77464
CourtDistrict Court, W.D. New York
DecidedJune 5, 2014
DocketNo. 12-CV-6386T
StatusPublished
Cited by2 cases

This text of 24 F. Supp. 3d 294 (Little v. Landsman Development Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Little v. Landsman Development Corp., 24 F. Supp. 3d 294, 2014 WL 2535023, 2014 U.S. Dist. LEXIS 77464 (W.D.N.Y. 2014).

Opinion

ORDER

MICHAEL A. TELESCA, District Judge.

INTRODUCTION

Plaintiffs Kenneth Little and Albert Caf-ferelli, tenants of the Phillips Village [296]*296apartment complex owned and operated by defendants Landsman Development Corporation and Phillips Village Preservation L.P., brought this action claiming that the defendants violated their rights under the Fair Housing Act and the New York State Fire Prevention and Building Code. Specifically, plaintiffs, who allege that they are disabled, claimed that the defendants improperly removed wheelchair ramps used by the plaintiffs to access their respective apartments, thus depriving plaintiffs of reasonable and safe access to their apartments.

By motion dated August 2, 2012, the plaintiffs moved for a preliminary injunction seeking an Order from this Court directing defendants to reinstall the ramps during the pendency of this litigation. By Decision and Order dated September 5, 2012, 2012 WL 3862448, I denied plaintiffs’ motion. Thereafter, the parties engaged in settlement negotiations, and after successful negotiations, each plaintiff entered' into a settlement agreement (“the Agreements”) with the defendants pursuant to which, inter alia, the defendants agreed to “construct an exterior ramp from the enclosed rear patio adjacent to the Apartment Unit to the grassy unimproved area behind the building (“the Ramp”), subject to the granting of consent and approval required by' any municipal authorities.” Confidential Settlement Agreement between Albert Cafferelli and Landsman Development Corporation et al., at ¶ 1; Confidential Settlement Agreement between Kenneth Little and Landsman Development Corporation et al., at ¶ 1.

Plaintiffs contend that the defendants have failed to comply with the Agreements because rather than construct ramps as defined under the New York State Building Code, the defendants simply created dirt and sod ramps, with no rails and no foundation, extending from the ground to the edge of their respective patios. Plaintiffs claim that these earthen inclines are not functional as ramps, and do not satisfy the obligation to install ramps as contemplated and agreed to. by the parties. Plaintiffs now move to enforce the Agreements by requiring defendants to construct ramps as defined under the New York State Building Code for their respective units. Defendants oppose the plaintiffs motion arguing that the ramps they built satisfy the ramps, promised in the Agreements.

For the reasons set forth below, I grant plaintiffs’ motion to enforce the settlement agreement and Order defendant to construct ramps that are in compliance with the New York State Building Code for each plaintiffs unit.

BACKGROUND

The following facts were largely set forth in my previous Order denying plaintiffs motion for a preliminary injunction. Plaintiffs Kenneth Little and Albert Caf-ferelli are residents of the Phillips Village Apartment Community, a complex consisting of 33 apartment buildings and 500 residential units. According to the Complaint, Little uses a wheelchair for mobility, and Cafferelli has limited ambulatory mobility due to various medical conditions. Little rents a one-bedroom first floor apartment, and Cafferelli rents a two-bedroom, first floor unit. Both units are wheel-chair accessible through the primary, front-door access way.

Prior to renovations of their respective apartments, each of the units included a raised patio area at the back of the unit which was accessed from inside by a sliding glass door. With respect to the plaintiffs’ apartments, (but not all of the apartments in the complex), each rear patio area included a ramp which led to a large, unimproved grassy area. Aside from be[297]*297ing mowed, the grassy area was not otherwise maintained or considered or intended by the defendants to be a common area, and is not maintained in the winter-time.

In late, 2011, Landsman announced to the residents of Phillips Village that it was undertaking a significant renovation project to be completed in 2012. On May 18, 2012, and June 14, 2012, respectively, Little and Cafferelli were notified that the renovations to their respective patios would begin shortly thereafter. Pursuant to the renovation plans, the rear patio of each plaintiffs unit was to be enclosed, and the ramps removed. Indeed all first-floor units were to have enclosed patios, with no access ramps or stairs from the grassy area to the patio. According to the plaintiffs, Little’s ramp was removed on May, 18, 2012, and Cafferelli’s ramp was removed on June 18, 2012.

After this Court denied plaintiffs’ motion for a preliminary injunction, the parties engaged in settlement negotiations, and each plaintiff reached an agreement with the defendants whereby defendants agreed to construct exterior ramps from their respective patios to the lawn below. According to the plaintiffs, the ramps constructed by the defendants do not comply with the ramps promised in the settlement agreements, and accordingly, they now seek an Order from the court directing defendants to install ramps in accordance with the New York State Building Code.

DISCUSSION

The plaintiffs claim that the defendants have breached their respective settlement agreements by not constructing and installing ramps that meet the standards of the New York State Building Code. Specifically, plaintiffs contend that the earthen build-up covered by sod that the defendants installed as “ramps” are not ramps as defined by the New York State Building Code, and are not the type of ramps contemplated by the parties in the Agreements. Defendants contend that the terms “ramps” was undefined in the agreements, and should be generically defined as an “incline.” Defendants contend that because the installed ramps satisfy a generic definition of the term “ramp,” the defendants have met their obligations under the Agreements.

In determining the meaning of the terms used in a contract, the court must construe the terms “so as to give effect to the intention of the parties as expressed in the unequivocal language employed.” Breed v. Ins. Co. of North America, 46 N.Y.2d 351, 355, 413 N.Y.S.2d 352, 385 N.E.2d 1280 (1978); Morgan Stanley Group, Inc. v. New Eng. Ins. Co., 225 F.3d 270, 275 (2nd Circ.2000). ' Provided that the contract term at issue is unambiguous, interpretation of the contract language is a question of law for the court. Parks Real Estate Purchasing Group v. St. Paul Fire and Marine, 472 F.3d 33, 42 (2nd Cir., 2006). If the language of the contract is unambiguous, “its meaning must be discerned with the ‘four corners’ of the agreement.” Suarez v. Ward, 896 F.2d 28, 30-31 (2d Cir.1990). “Alternatively, ‘[w]here the language used is susceptible to differing interpretations, each of which may be said to be as reasonable as another,’ then the interpretation of the contract becomes a question of fact for the jury and extrinsic evidence of the parties’ intent'properly is admissible.” Bourne v. Walt Disney Co., 68 F.3d 621, 629 (2d Cir.1995) (quoting Seiden Assocs., Inc. v. ANC Holdings, Inc., 959 F.2d 425, 428 (2d Cir.1992)).

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Bluebook (online)
24 F. Supp. 3d 294, 2014 WL 2535023, 2014 U.S. Dist. LEXIS 77464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-v-landsman-development-corp-nywd-2014.