July 9, 2012 Doe v. Doe 112 A.D.2d 67 (1st Dept. 1985) Appellate Division granted father's request to enjoin former wife from changing their child's surname in violation of parties' separation agreement and judgment of divorce. Link to Full Text of Decision Judges Dash Hopes of Hyphen in Son's Name New York Post, July 5,…
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July 9, 2012 (Sup. Ct. N.Y. Cty. 5/31/88) Court required landlord to consent to sublease when rent-stabilized tenant temporarily located to London for business reasons. Link to Full Text of Decision itkowitz.com
July 8, 2012 (24 Misc.3d 139(A), Slip Copy, 2009 WL 2254947 (Table) N.Y. Sup. App.Term, July 24, 2009) Landlord served an owner-use non-renewal notice on Rent Stabilized tenants, bearing the date November 2, 2005. Thereafter, landlord commenced a holdover proceeding, alleging in the petition that landlord had served a nonrenewal notice dated November 11,…
Continue reading Bosco v. Merle
July 8, 2012 182 Misc.2d 917 (App. Term 1st Dept. 11/4/99) Court held that landlord had the right to maintain a surveillance camera situated in the hallway outside of tenant's door in non-primary residence case, and that with the exception of proceedings for the enforcement of housing standards and applications for certain provisional remedies, the New…
Continue reading Broome Realty Associates v. Eng
July 6, 2012 (App. Term 1st Dept., 1990) Court found that it could not relegate landlord to a plenary action for arrears that accrue subsequent to the commencement of a summary proceeding, but must allow petitioner to amend the proceeding. Link to Full Text of Decision itkowitz.com
July 6, 2012 (Sup. Ct. N.Y. Cty. 10/20/83) Petitioner, suing for divorce from husband who was defending that action on the ground that he had never legally married petitioner, sought order directing respondent David Dinkins (then City Clerk of the City of New York) to issue certificate of marriage so that divorce could proceed. Respondent…
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July 6, 2012 February 2004 Settlement of Interest Itkowitz obtained a $900,000.00 settlement for a commercial tenant who was wrongfully evicted from its premises. Landlord cut off elevator services to the 16th floor where tenant was operating a film studio, and contended that such cut-off was justified because the lease only allowed the premises to…
Continue reading Cut Off Elevator Service Cost Landlord $900,000.00
July 3, 2012 (Civ. Ct. N.Y. Cty. 4/6/04) Subtenant's motion to dismiss for defective service was denied. Respondent-Overtenant was in the business of subleasing office space. Upon the commencement of this action, Landlord served the front desk receptionist of the Overtenant. The front desk receptionist told Landlord's process server that she was authorized to accept…
Continue reading Madison Third Building Companies v. Fox Hall Realty Law Office, Inc.
July 2, 2012 Tenants on Roosevelt Island Denied Appeal in Rent Dispute New York Law Journal, November 12, 1987 ..."The state can be an engine for creating homelessness by displacing families," Mr. Itkowitz said. "If they're not going to look at the economic impact (of rent increases) there's no real safety net for low- and…
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July 2, 2012 Local 2507 v. Health and Hospitals Corporation (Sup. Ct. N.Y. Cty. 1/31/85) Over New York City's assertion that union has conflict of interest, court determined that municipal labor union was permitted to represent all its members in connection with the demotion, promotion and appointment of certain individual members, because any perceived…
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July 1, 2012 This program was taken down by Lawline in 2014, after it had been seen by approximately 10,000 people. But never fear, Michelle and Jay did a new and better series of shows for Lawline. The praise just keeps rolling in for the comprehensive five-part, 12 hour continuing legal education program on landlord and…
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July 1, 2012 On May 1, 2012, Jay Itkowitz taught a continuing legal education class to 180 people for Lawline.com, entitled, "Guaranties, Good Guy Guaranties and How to Use Them In Lease Negotiations and Litigation". In this presentation, Jay examined the evolution of the "Good Guy Guaranty" as it is used in commercial leasing. The course…
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