woman sitting near heating in gateway plaza apartment

A $10 million settlement has been reached to resolve claims that Gateway Plaza New York City residents were subjected to “oppressively cold conditions.”

The settlement will benefit all current and former residents of Gateway Plaza at 345, 355, 365, 376, 385, and 395 South End Avenue, New York since April 1, 2008.

Plaintiffs in the Gateway Plaza class action claimed that they were subjected to “oppressively cold conditions” caused by a lack of maintenance or care by building owners. Sub-par insulation, leaky windows, and poor heating systems were reportedly to blame for the cold conditions. In the winter, temperatures could allegedly reach below 55 degrees.

“Gateway is a poster child of uninhabitability,” the plaintiffs alleged in their Gateway Plaza class action lawsuit. “The units are poorly constructed, inadequately insulated, and riddled with defects in the heating and ventilation systems.”

To make matters worse, the plaintiffs alleged that the landlords took advantage of the cold conditions by purchasing electricity from a provider and reselling it to tenants at a higher rate.

Defendants Marina Tower Associates LP, Gateway Plaza Management Corp., The Battery Park City Authority, and The LeFrak Organization did not admit any wrongdoing but agreed to pay $10 million to resolve the claims against them.

Under the settlement, improvements will reportedly be made to Gateway Plaza apartments to fix the conditions.

Class Members are expected to receive an equal share of the net settlement fund as compensation. Exact payment amounts have not been estimated as they will depend on the number of valid claims filed.

In order to benefit from the settlement, Class Members must submit a valid claim by April 16, 2020. The deadline for exclusion and objection is Jan. 31, 2020. The final approval hearing for the settlement is scheduled for March 2, 2020.

Who’s Eligible

All current and former residents of Gateway Plaza since April 1, 2008.

Potential Award

To Be Determined. Payment amounts will reportedly depend on the number of claims filed.

Proof of Purchase

Address, apartment number, and dates of residence will be used to validate claims from former residents. Current residents will not need to provide proof.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline


Case Name

In re: Gateway Plaza Residents Litigation, Case No. 651023/2014, in the Supreme Court of the State of New York

Final Hearing


Settlement Website
Claims Administrator

Gateway Plaza Settlement
Claims Administrator – Epiq
P.O. Box 4098
Portland, OR 97208-4098

Class Counsel

Jeffrey M. Norton
Lucas A. Ferrara

Peter Safirstein

David Sanford
Andrew Melzer

Defense Counsel

Allan J. Arffa
Walter Rieman
Adam J. Bernstein

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.


1 Comment

  • Me Me January 27, 2020

    This is what happens when you throw a building together.
    I feel the tenants on this one.
    They’re right by the water and the wind is unobstructed.
    Hope this settlement helps them.

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