New York, NY
Litigation Lawyer at New York, NY
Practice Areas: Litigation, Appeals ... +2 more
OUTCOME:
Reaffirms the validity of exculpatory clauses in commercial leases as well as the validity of a provision which shifts the obligation from landlord to tenant to obtain insurance for direct and indirect ... loss of earnings.
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.
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.
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.
OUTCOME:
First Appellate Division opinion to detail what constitutes a proper demand for rent and a proper notice to cure in a commercial setting.
OUTCOME:
Successfully argued that court abused discretion by ordering commercial tenant, which alleged it had been partially actually evicted due to new building blocking certain parking areas it was entitled t ... o under lease, to deposit the full amount of all past and future rent into court while case was pending.
OUTCOME:
Demonstrated to court that plaintiffs' request for turn-over of corporation's tax returns and other sensitive financial information was inappropriate and should be subject to protective order.
OUTCOME:
Demonstrated to Court of Appeals that in a luxury decontrol proceeding where tenant was found to be over-income and subject to deregulation that DHCR's comment period could not be used to submit an ame ... nded tax return in order to bring the tenant's income under the statutory threshold for deregulation.
OUTCOME:
Where lease required tenant not to be in default at time of renewal of lease, and tenant made choice to defer maintenance to maintain an exhaust stack, demonstrated to Appellate Division that tenant wa ... s not entitled to Yellowstone and injunctive relief tolling period to exercise renewal option. Decision was subsequently appealed to Court of Appeals where order was affirmed.
OUTCOME:
Where evidence tended to show a partial actual eviction (relieving commercial tenant from paying rent for the remainder of a commercial lease) due to landlord's destruction of a portion of the tenant's ... storage space in exchange for other space, convinced Appellate Division that the tenant had acquiesced in the space substitution thereby saving landlord approximately one million dollars over the remaining term of the lease.
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