Attorney Jeffrey Robert Metz's Legal Cases

Real estate

Adam Leitman Bailey, P.C. Wins Appeal for Board of Directors of Condominium

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OUTCOME:

The owner of a new Condominium Unit alleged that the concrete slab under her hardwood floors had not been properly leveled and flattened, resulting in numerous loose floorboards and warping in some are ... as. The Unit Owner decided to undertake the repairs herself. Pursuant to their standard procedures, the Condo Board asked that the Unit Owner sign their "alteration agreement" before she started any work. These agreements are common practice in such situations to protect the Building from any damage caused by the Unit Owner's work.

Real estate

Adam Leitman Bailey, P.C. Saves Large Cooperative Building

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OUTCOME:

Disgruntled shareholders in cooperatives can go to great lengths to challenge the decision-making of the Board of Directors. In one of Adam Leitman Bailey, P.C's latest cases, a shareholder, whose inte ... ntion was to put his own team of individuals on the Board, brought a proceeding in Supreme Court to overturn the latest election. The shareholder asserted several allegations of electoral fraud and conspiracy, despite the fact that an independent election committee certified the election as fair.

Real estate

Adam Leitman Bailey, P.C. Wins Appeal for Hotel Developer

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OUTCOME:

In this case, the landlord, in accordance with the lease, served the tenant with a 12 month notice of termination based upon the landlord’s intention to demolish the building. The tenant brought an act ... ion in the Supreme Court and moved for a preliminary injunction to halt the running of the notice. Among other things, the tenant claimed that the prior landlord had prematurely engaged in renovations and that waived the present landlord’s right to demolish and that the landlord (whose earlier alteration plans had been rejected by the Department of Buildings) did not have a good faith intention to demolish. The Supreme Court found that even if there was an issue about the landlord’s good faith, the tenant had still failed to show that it would be irreparably harmed because it could be compensated by money damages and that the equities did not balance in the tenant’s favor. Accordingly, the court denied the request for the preliminary injunction. The tenant appealed.

Real estate

Adam Leitman Bailey, P.C. Prevails in Favor of Rejected Cooperative Purchaser

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OUTCOME:

In a case successfully prosecuted by Adam Leitman Bailey, P.C., a foreign national who had her application for ownership in a tony cooperative apartment building rejected now stands to recover a substa ... ntial downpayment with (9) percent interest from the date of the rejection. The owner of the unit claimed that the prospective tenant had sabotaged the interview because she had changed her mind about buying the unit because of some ambiguity as to who could occupy the apartment. The owner also claimed that he had lost a "a million dollars" on the transaction due to changing market condition.

Real estate

Exhaustive Investigation and Negotiation Results in Cooperator Garnering Exclusive Penthouse Roof Terrace

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OUTCOME:

Our clients purchased one of the 250 luxury units in an upper west side landmarked cooperative. Prior to the purchase, a real estate broker hinted to our clients that although no proof existed, the Un ... it may include an exclusive roof area bounded by a fence providing them with expansive city views and privacy from the main roof area. Upon moving in five years ago, the Board immediately denied our clients’ request to erect a fence and recognize the bounded area as exclusive to our clients. The Board claimed that the Unit did not include an exclusive roof area and relied on a provision of the Proprietary Lease, which clearly gave the right to outside space only to those units that had outside space at the time the cooperative was created. The Board claimed that our clients’ penthouse did not have an exclusive roof area at the time the cooperative was created. To make our clients’ situation worse, within the last two years the roof has been made open to use by the hundreds of residents of the building. The noise and lack of privacy renders the master bedroom and bathroom unusable. For years our clients have plead with and attempted to convince the Board of their right to an exclusive roof area. Our clients’ made one last appeal to the Board in late 2008.

Real estate

Sessler v. DHCR, 722 N.Y.S.2d 864 (1st Dep't 2001)

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OUTCOME:

Affirmed that the 4 year rule applies to rent overcharge proceedings before DHCR.

Real estate

Candida v. Salvation Army, Inc., 847 N.Y.S.2d 81 (1st Dep't 2007)

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OUTCOME:

Found that charitable institution which owned two buildings did not lose exemption from Rent Stabilization and was entitled to refuse to renew leases when it determined to sell the buildings to a for p ... rofit entity.

Real estate

Pinehurst Const. Corp. v. Schlesinger, 833 N.Y.S.2d 428 (1st Dep't 2007)

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OUTCOME:

In affirming judgment of possession based upon nuisance due to pounding of ceiling and screaming directed to tenant directly overhead, Appellate Division found that Notice of Termination was sufficient ... ly detailed to allow tenant to prepare a defense even though it set forth no names of complainants or dates or specific instances of misconduct.

Real estate

Novita LLC v. 307 West Restaurant Corp., 828 N.Y.S.2d 5 (1st Dep't 2006)

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OUTCOME:

Where tenant looked to avoid damages for removing a load-bearing wall by claiming that three-year statute of limitations for negligence was controlling and matter was therefore time-barred, successfull ... y argued that six year statute of limitation applied because claim was for a breach of contract for property damages.

Real estate

Shoprite Supermarkets, Inc. v. Yonkers Plaza Shopping, LLC, 817 N.Y.S.2d 291 (2d Dep't 2006)

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OUTCOME:

First Appellate Division opinion to detail what constitutes a proper demand for rent and a proper notice to cure in a commercial setting.

Jeffrey Robert Metz's Legal Cases (49)

Adam Leitman Bailey, P.C. Wins Appeal for Board of Directors of Condominium

Adam Leitman Bailey, P.C. Saves Large Cooperative Building

Adam Leitman Bailey, P.C. Wins Appeal for Hotel Developer

Adam Leitman Bailey, P.C. Prevails in Favor of Rejected Cooperative Purchaser

Exhaustive Investigation and Negotiation Results in Cooperator Garnering Exclusive Penthouse Roof Terrace

Sessler v. DHCR, 722 N.Y.S.2d 864 (1st Dep't 2001)

Candida v. Salvation Army, Inc., 847 N.Y.S.2d 81 (1st Dep't 2007)

Pinehurst Const. Corp. v. Schlesinger, 833 N.Y.S.2d 428 (1st Dep't 2007)

Novita LLC v. 307 West Restaurant Corp., 828 N.Y.S.2d 5 (1st Dep't 2006)

Shoprite Supermarkets, Inc. v. Yonkers Plaza Shopping, LLC, 817 N.Y.S.2d 291 (2d Dep't 2006)