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Second Circuit Finds in Landlord’s Favor Reversing Bankruptcy Court Decision, A Case of First Impression

August 2, 2012 In Re: Association of Graphic Communications, Inc. Super Nova 330 LLC v. Ian J. Gazes (U.S. Ct. of Appeals 2nd Cir. August 2, 2012) Itkowitz represented the landlord of a commercial building in Midtown in ongoing litigation in New York City Civil Court. Itkowitz obtained a money judgment and a judgment of… Continue reading Second Circuit Finds in Landlord’s Favor Reversing Bankruptcy Court Decision, A Case of First Impression

Propriety of Board Officers Soliciting Business from Fellow Share Holders

August 1, 2012 Jay B. Itkowitz answered a reader's question on the propriety of board officers soliciting business from fellow share holders in the April 2007 edition of The Cooperator, the Co-op & Condo Monthly. QUESTION: I am the president of a coop board in Gramercy Park. One of our directors has recently become a… Continue reading Propriety of Board Officers Soliciting Business from Fellow Share Holders

Dabalsa v. Crino

July 30, 2012 143 Misc.2d 480, 541 N.Y.S.2d 144 (Civ. Ct. N.Y. Cty. 1989) Tenant filed rent overcharge in a timely manner and in court, as opposed to before the Division of Housing and Community Renewal, which was not a necessary party.  Link to Full Text of Decision itkowitz.com

In re The Cassandra Group & Geltzer, as Trustee v. Guy D’antona

July 29, 2012 312 B.R. 491 (Bkrtcy.S.D.N.Y., 2004.) Plaintiff, the trustee in bankruptcy for an investment advisory services company, brought an adversary bankruptcy proceeding against our client, the attorney-in-fact for an overseas corporation from whom the debtor had rented an apartment. Plaintiff sought to avoid several transfers, claiming actual and constructive fraudulent transfer, and sought… Continue reading In re The Cassandra Group & Geltzer, as Trustee v. Guy D’antona

622 Building Co. v. Cosi Sandwich Bar

July 29, 2012 (Sup. Ct. N.Y. Cty. 8/21/2000) This case was a dispute about the propriety of the landlord's objection to a proposed sub-tenant, where tenant merged with another entity but failed to give landlord notice of such under lease. Court held that landlord was not subject to arbitration requirement under lease, because landlord shouldn't… Continue reading 622 Building Co. v. Cosi Sandwich Bar

We represented the owner of a commercial building, where the anchor multi-national corporate tenant renting two spaces under one lease was attempting to terminate the lease as to one space while maintaining the lease as to the other space.

July 27, 2012 July 2011 Settlement of Interest   We represented the owner of a commercial building, where the anchor multi-national corporate tenant renting two spaces under one lease was attempting to terminate the lease as to one space while maintaining the lease as to the other space. We filed suit in Manhattan seeking declaratory… Continue reading We represented the owner of a commercial building, where the anchor multi-national corporate tenant renting two spaces under one lease was attempting to terminate the lease as to one space while maintaining the lease as to the other space.

23-76 33rd Street Realty Corp. v. Fatma Ebrahim Hassan

July 25, 2012 (Civ. Ct. Queens Cty. 12/15/98) Tenant moved to vacate a stipulation of settlement on the basis that she did not understand English and no Arabic interpreter was provided by the court at the time the stipulation was entered into, and that she had no lawyer at that time. The court requisitioned and… Continue reading 23-76 33rd Street Realty Corp. v. Fatma Ebrahim Hassan

Successful Reversal Supreme Court’s Denial of Summary Judgment in $1.5 Million Dollar Dispute by Applying Principles of Comity: Judgment in Client’s Favor for One Million Dollars

July 24, 2012 Taylor Bldg. Mgt., Inc. v Priority Payment Sys., LLC (Appellate Division, Second Department, 1/24/2012)   In Taylor Building Management, Inc. v. Priority Payment Systems, LLC, we vindicated the basic principles of comity and got reversed the Supreme Court's denial of summary judgment for its client in a $1.5 million dollar dispute regarding credit card… Continue reading Successful Reversal Supreme Court’s Denial of Summary Judgment in $1.5 Million Dollar Dispute by Applying Principles of Comity: Judgment in Client’s Favor for One Million Dollars

Genn v. Schwarz

July 23, 2012 138 Misc.2d 154, 523 N.Y.S.2d 937 (Sup. Ct. N.Y. Cty. 1987) Court determined that the City violated the rights of a former assistant corporation counsel by failing to properly calculate terminal leave benefits. Court subsequently determined that the employee was also entitled to interest on the amount due.  Link to Full Text… Continue reading Genn v. Schwarz

West Coast Company v. SGHC Food Corp.

July 23, 2012 19 H.C.R. 115A (Civ. Ct. N.Y. Cty. 1989) Court held that notice from landlord's agent was adequate where lease was executed by agent on behalf of landlord, and that notice from landlord referring to "your lease" was not equivocal or ambiguous as to the lease description where only one lease existed between… Continue reading West Coast Company v. SGHC Food Corp.