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Duane Reade, Inc. v. Reade Broadway Associates

July 22, 2012 710 N.Y.S.2d 566, 7/10/00 N.Y.L.J. 22, (col.5), 28 H.C.R. 456A (App. Div. 1st Dept. 6/6/00) Under terms of commercial lease, landlord was contractually relieved of liability for delay in delivering leased premises caused by a holdover tenant. Landlord expeditiously commenced a holdover proceeding and promptly entered a stipulation ensuring holdover's vacatur with… Continue reading Duane Reade, Inc. v. Reade Broadway Associates

Matter of Plaza Realty Investors

July 20, 2012 173 A.D.2d 290 (1st Dept. 1991) Appellate Division upheld the dismissal of landlord's appeal of an Article 78 proceeding contesting the agency's finding that a tenant filed a rent overcharge case in a timely manner.  Link to Full Text of Decision itkowitz.com

Kantar Investment v. Giacchetto

July 20, 2012 Below is a lower court decision and the Appellate Term's decision thereon: Kantar Investment v. Giacchetto (App. Term 1st Dept. 10/5/2000) Appellate Term upheld grant of summary judgment to sub-landlord in coop in residential holdover case where subtenant held over after expiration of sublease. Among other things, the court held that petitioner… Continue reading Kantar Investment v. Giacchetto

Engstrom v. Kerr

July 19, 2012 113 A.D.2d 866, 493 N.Y.S.2d 597 (2d Dept. 1985) Appellate Division voided termination of paramedic because City did not allow employee to return to probationary position as a provisional emergency medical technician.  Link to Full Text of Decision www.itkowitz.com
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Categorized as Appeals, NYC

285 West Broadway Associates Limited Associates v. Interactive Sports, Inc.

July 17, 2012 (Civil Court of the City of New York, New York County, April 25, 2001) Summary judgment dismissing affirmative defenses and counterclaims and awarding Petitioner/Landlord a possessory judgment on its claims for rent, additional rent and attorneys' fees, granted, and Respondent's cross-motion for summary judgment dismissing the Petition is denied. Affirmative defenses and… Continue reading 285 West Broadway Associates Limited Associates v. Interactive Sports, Inc.

West Coast Company v. International Hors D’Oeuvrery

July 16, 2012 (Civ. Ct. N.Y. Cty. 6/21/88) Court ruled that respondent tenant not entitled to discovery of causes of water damage in a commercial non-payment proceeding, lack of a certificate of occupancy was not a defense to a commercial non-payment proceeding, and alleged landlord negligence was not a defense to a non-payment because "a… Continue reading West Coast Company v. International Hors D’Oeuvrery

622 Building Company, LLC v. Empire Blue Cross and Blue Shield

July 15, 2012 (Sup. Ct. NY Cty. 12/29/99) In commercial lease dispute, the plaintiff/landlord's motion for summary judgment and to dismiss defendant's affirmative defenses and counterclaims partially granted where the sole issue before the court was whether landlord improperly denied tenant's request to move out of the building using the freight elevator during business hours.… Continue reading 622 Building Company, LLC v. Empire Blue Cross and Blue Shield

2012 Brooklyn Real Estate Summit

  July 14, 2012   On June 14, 2012 Partner Jay B. Itkowitz was a featured speaker at the Brooklyn Real Estate Summit. The Summit brought together almost 500 investors, owners, developers, financiers, and other principals and dealmakers to focus on new developments in Brooklyn, the increasing attractiveness of Brooklyn with institutional buyers, and what it means… Continue reading 2012 Brooklyn Real Estate Summit

Seccomandi v. 999 Restaurant Corp., Nello Balan, et. al.

July 13, 2012 (NYC Civil Court Civil Court, NY County, 11/3/2010)   Itkowitz obtained a judgment for our client, landlord Paul Seccomandi, against tenant Nello Balan, the well-known restaurateur, for rent arrears. During the pendency of the lawsuit, Balan transferred his ownership interest in at least two of his restaurants to third-party Madison Global, LLC… Continue reading Seccomandi v. 999 Restaurant Corp., Nello Balan, et. al.

Accounting of Ethel J. Griffin, Public Administrator of the County of New York, as Administrator of the Estate of ARTHUR FERRIS, deceased.

Link to Other Photos July 11, 2012 (Surrogate's Court, New York County, August 12, 2011) Law school text books define a "laughing heir" as one who is legally entitled to inherit the property of a person who has died, even though he or she is only distantly related to the deceased, and therefore has no… Continue reading Accounting of Ethel J. Griffin, Public Administrator of the County of New York, as Administrator of the Estate of ARTHUR FERRIS, deceased.