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Resolution of a Dispute for Rents in Excess of $110k per Month — Net Lease, Hotel Development, Rent Commencement Date Dispute

April 20, 2015 Itkowitz PLLC successfully resolved a dispute for rents in excess of $110k per month on behalf of a Landlord who had net leased a large facility to a hotel developer. The dispute centered around the rent commencement date, in which the tenant was seeking an additional abatement of over $1.5 million… Continue reading

Net Tenant in Brooklyn Pays $80k in Rent After a Real Estate Tax Escalation and Water Charges Notice — The Myth of the Troublesome Net Lessee

April 19, 2015 This happens a lot. A client comes to us and thinks they have a pernicious tenant on their hands, a tough cookie tenant that will put up a fight when challenged. In this case, it was a mature woman from Connecticut who was managing a net leased Brooklyn asset from afar.… Continue reading

Supermarket Creditors Tried to Intervene in Landlord’s Eviction of a Supermarket Tenant with Replevin Action

March 8, 2015 Resnick Supermarket Equipment, Corp., and Krasdale Foods, Inc., et. al. v. Tradewise on Fulton Street, Inc., Jose Peralta, and Diana Realty, LLC, et. al. (Supreme Court, State of New York, Sullivan County, February 2015) Itkowitz PLLC represented Diana Realty, LLC In May 2013, Diana Realty, LLC, as landlord, entered into a… Continue reading

Recent Cases Affecting Licensed Appraisers and Lessons Learned Therefrom — Michelle Itkowitz Seminar for Columbia Society Real Estate Appraisers

March 6, 2015 On February 23, 2015 Michelle Maratto Itkowitz and Jay B. Itkowitz presented a professional-credit seminar to the Columbia Society of Real Estate Appraisers entitled, Recent Cases Affecting Licensed Appraisers and Lessons Learned Therefrom. Here is a full copy of the materials! And here is a brief sample from the materials: Kosterich v. Ciotta,… Continue reading

Caused the Vacatur of a Residential Tenant Violating Lease With Short Term Sublets

February 9, 2015 December 2014 -- Itkowitz PLLC represented a major New York City managing agent in this matter involving a residential tenant who was illegally subletting an apartment as a short-term rental destination, and/or for paid, public parties. Tenant embarked on this course when she moved to California and the owner of the building… Continue reading

When a Rent Stabilized Tenant Fails to Execute a Renewal Lease – Is it Deemed Renewed? – the Changing Law

February 8, 2015 This post originally appeared on the LandlordsNY blog, where Michelle Maratto Itkowitz is the "Legal Expert". Hi, Michelle here. I am the LandlordsNY “Legal Expert” (you can see my profile on the experts page). My goal is to post in the blog all of the questions I get from LandlordsNY members (keeping the member anonymous)… Continue reading

Appraiser Liable in Both Contract and Tort Because Appraiser Knew a Third Party Would Rely on Appraisal

January 15, 2015 Michelle Maratto Itkowitz was happy to have submitted some cases on appraiser liability to our friends at Real Estate Solutions for their excellent "Cases of Interest" section in Spring 2015. Here is one such case that was featured. Rodin Properties-Shore Mall v. Ullman Court: Supreme Court of New York, Appellate Division, First… Continue reading

Partners Get Deceased Partner’s Son to Accept Buyout on Real Estate in Brooklyn

January 2015 (Supreme Court, Kings County) A husband and a wife (“Plaintiffs”) and a third partner (“the Partner”) entered into a partnership agreement for the purpose of holding real estate on Franklin Street in Brooklyn. The Agreement contained a “buyout clause” in the event of death of one of the partners. After the passing of… Continue reading Partners Get Deceased Partner’s Son to Accept Buyout on Real Estate in Brooklyn

Michelle Maratto Itkowitz Spoke at the LandlordsNY Property Management Symposium: “What YOU Wanted to Know: Questions Fielded in My Year as the LLNY ‘Legal Expert'”

December 15, 2014 On December 9, 2014, Michelle Maratto Itkowitz spoke at the LandlordsNY Property Management Symposium. LLNY is the first social networking platform for property managers and owners, and its growth has been explosive. Michelle Maratto Itkowitz is the LandlordsNY "Legal Expert". Michelle gave a unique presentation for the conference this year, entitled: ""What YOU… Continue reading

Unsuspecting Commercial Building Owners Facing Huge Fines for Outdoor Signs Illegally Installed on Their Buildings without Their Knowledge or Permission

December 4, 2014 Itkowitz PLLC Gets Great Result at Hearing on ECB Violations The game works like this. Unscrupulous outdoor advertising companies lure New York City “Mom and Pop” bodegas, convenience stores, and delis into allowing them to hang signs on their storefronts. The advertising companies pay the stores “rent”, and promise to… Continue reading

Getting Awarded Legal Fees in Landlord and Tenant (or Other Types of) Litigation – Sometimes the Tail Wags the Dog

December 4, 2014 Michelle Maratto Itkowitz, with some help from Jay B. Itkowitz, recently taped a seven-hour, six-part Continuing Legal Education (“CLE”) curriculum for Lawline – New York Landlord and Tenant Litigation. The following content regarding the role of attorneys’ fees in landlord and tenant litigation is adapted from Session 3 of that curriculum --… Continue reading

Itkowitz PLLC Assists Commercial Landlord in Terminating a Problematic Quiznos Tenancy, Freeing Up Lucrative Commercial Space on Recently Renovated Chambers Street

November 1, 2014 Itkowitz PLLC recently assisted a commercial landlord in terminating the leasehold of a problematic Quiznos franchisee-tenant after a protracted legal battle. The problems began in 2011 when the tenant’s predecessor-in-interest fell on hard times and behind on rent. The parties executed second and third amendments to the lease agreement, enabling… Continue reading Itkowitz PLLC Assists Commercial Landlord in Terminating a Problematic Quiznos Tenancy, Freeing Up Lucrative Commercial Space on Recently Renovated Chambers Street