Itkowitz represented a commercial landlord of the historic Brill Building. This series of decisions is extremely instructional in hardball litigation tactics in the real world.
July 1, 2012
AD 1619 Co. v. VB Management, Inc.
(1995 – 1999)
The following is a series of seven decisions in which we represented AD 1619 Co., the commercial landlord of the historic Brill Building in midtown Manhattan. These decisions are extremely instructional in hardball litigation tactics in the real world. They show how a determined litigant (in this case the landlord) can prevail by persevering in a cause he believes is just, even after an initial bad break in a lower court. In this case, the lower court initially granted a 20% rent abatement, which was reduced on appeal to 1%, resulting in payment of all rent due and a substantial award of attorney’s fees. While the outcome came after a number of appeals and remands, the result more than justified the client’s commitment.
Link to Full Text of Decisions or puruse decisions separately:
Decision 1: Civil Court rules in favor of tenant
Decision 2: Appeal by landlord results in remand for new trial
Decision 3: Landlord’s motion to strike tenant’s affirmative defenses, cross-motion and counterclaims is successful
Decision 4: Court determines that despite previous ruling, landlord was not a prevailing party
Decision 5: Appellate Term rules that landlord’s previously-denied motion for payment of all rent due and attorneys’ fees should have been granted
Decision 6: Landlord is granted all rent due and attorneys’ fees
Decision 7: Landlord is awarded $276,650.00 in attorneys’ fees
