New York, NY
Landlord or tenant Lawyer at New York, NY
Practice Areas: Landlord & Tenant, Real Estate
OUTCOME: Prevailed
Case established that a “Discount Rent Rider,” which states that a higher rent will be imposed if the rent is not paid on time, is legally unenforceable, since it is a scheme to establish an unconscion ... able late charge.
OUTCOME: Prevailed
Appellate court affirmed trial court's determination that the rent-stabilized tenant maintained his apartment as his primary residence, even though he also maintained two vacation homes. Since the ten ... ant never sublet the apartment, received all of his mail there, voted from there, and received all of his medical treatment in New York, the court concluded that the tenant maintained the requisite ongoing physical nexus with the subject premises for living purposes, and dismissed the petition.
OUTCOME: Prevailed
Shareholder-tenant's motion for attorneys' fees granted based upon co-op's failure to restore holdover proceeding that was deemed dismissed if not restored within 45 days.
OUTCOME: Prevailed
Nonpayment proceeding dismissed based upon the co-op’s failure to prove its prima facie case regarding charges for base maintenance, late charges, electricity charges, attorneys’ fees and architectural ... fees.
OUTCOME: Prevailed
94% attorney fee award obtained for successfully prosecuting an illegal use holdover proceeding in a co-op
OUTCOME: Prevailed
Successfully defended a nonprimary residence holdover proceeding where tenant maintained two vacation homes. Since the tenant never sublet the apartment, received all of his mail there, voted from the ... re, and received all of his medical treatment in New York, the court concluded that the tenant maintained the requisite ongoing physical nexus with the subject premises for living purposes, and dismissed the petition.
OUTCOME: Prevailed
Successfully defeated a landlord’s attempt to consolidate a holdover proceeding he commenced with an unrelated Supreme Court action
OUTCOME: Prevailed
Successfully established succession rights to a rent-controlled apartment. In addition to documentary evidence typically used in these types of proceedings (e.g., tax returns, bank records, etc.), the ... Civil Court based its decision upon the testimony of members of Alcoholics Anonymous, who testified that the tenant was present at AA meetings near his apartment during the relevant time period
OUTCOME: Prevailed
Successfully defended a commercial nonpayment proceeding. The proceeding was dismissed because a summary nonpayment proceeding cannot be maintained against a month-to-month tenant
OUTCOME: Prevailed
Landlord entitled to attorneys' fees as the prevailing party when it recovered 100% of rent arrears owed in a stipulation of settlement without any set-off or abatement.
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