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Evictions: Residential and Commercial in New York City

March 22, 2011 On March 22, 2011, we taught the ninth annual continuing legal education seminar sponsored by Lorman Education Services for real estate attorneys and professionals entitled, "Evictions: Residential and Commercial in New York City." Our syllabus includes topics such as attorney's fees, post-judgment collections, guaranties, and bankruptcy. If you register as our guest by… Continue reading Evictions: Residential and Commercial in New York City

Sakele Brothers, LLC v. Pegasus Shipping, Inc.

March 9, 2011 (Civ. Ct. N.Y. Cty. 12/8/03) Summary judgment was granted after landlord sought to enforce an acceleration clause under the lease between the parties, when after the September 11, 2001 attacks the tenant abandoned the premises without any notice to the landlord. Tenant claimed solely by an affidavit from the company's president that… Continue reading Sakele Brothers, LLC v. Pegasus Shipping, Inc.

Discovery Violations = Sanctions and Attorneys’ Fees

February 8, 2011   135 E 57th Street LLC v. Katzoff (Supreme Court of the State of New York, New York County 5/26/2012)   We represented a plaintiff whose motion for sanctions based on the defendants' failure to comply with discovery requests was granted. Court further ordered defendants to redo their discovery responses, and warned… Continue reading Discovery Violations = Sanctions and Attorneys’ Fees

Classic N.Y. Realty 2009, LLC v AIMCO

January 26, 2011 240 W. 73rd St., LLC, 2012 NY Slip Op 50859 (U) (App. Term, 1st Dep't, May 15, 2012) We represented the commercial tenant of 89 residential units in a 200-unit building on the Upper West Side. The tenant, in connection with its for-profit hotel business, sub-leased these apartments to other individuals for… Continue reading Classic N.Y. Realty 2009, LLC v AIMCO

Fraudulent Inducement and Alter Ego

May 2012 Settlement of Interest We represented the owner of a Manhattan office building in the United States District Court, for the Southern District of New York, where the tenant had signed a four year lease that included a five month free rent concession. Despite representing to the landlord with balance statements, bank accounts, and… Continue reading Fraudulent Inducement and Alter Ego

Second Edition of the New York State Bar Association Commercial Leasing Manual — Chapter entitled “Overview of Lease Enforcement”

January 24, 2011 The Second Edition of the New York State Bar Association Commercial Leasing Manual was published in 2011. We have updated their chapter entitled "Overview of Lease Enforcement", adding more text and charts. The New York State Bar Association Commercial Leasing Manual is a wonderful resource, edited by Joshua Stein, Esq. The manual… Continue reading Second Edition of the New York State Bar Association Commercial Leasing Manual — Chapter entitled “Overview of Lease Enforcement”

Weiner v 27 Prospect Park West Tenant’s Corp.

(Supreme Court of the State of New York, New York County 4/5/2012)   We represented a Park Slope Cooperative (the “Coop”) that was being sued by a resident for reformation of his Coop shares. The resident demanded that the Coop exchange the shares he owned for a smaller number of shares based on an alleged… Continue reading Weiner v 27 Prospect Park West Tenant’s Corp.

Itkowitz Obtains Settlement of Fraudulent Inducement Case

April 2012 Settlement of Interest 475 Building Company, LLC v. Nottingham Capital Management LLC, et al. (United States District Court, Southern District of New York)   Itkowitz represented 475 Building Company, LLC, the landlord of an office building located at 475 Park Avenue South, New York, New York 10017 (the “Building”) in a federal lawsuit against … Continue reading Itkowitz Obtains Settlement of Fraudulent Inducement Case

Summary Judgment on Good Guy Guaranty

  International Plaza Associates v. Lacher (Supreme Court of the State of New York, New York County 5/21/2012)   Plaintiff Landlord sued a Tenant law firm, Lacher Lovell and Taylor, for unpaid rent under a commercial lease, and also sued Michael Lacher, personally, on a good guy guaranty. The defendants thereafter asserted numerous defenses to… Continue reading Summary Judgment on Good Guy Guaranty

Itkowitz Obtained an Approximately $115,000.00 Settlement from the Turkish Equivalent of the FDIC.

December 29, 2010 September 2010 Settlement of Interest Itkowitz obtained an approximately $115,000.00 settlement from the SDIF, the Turkish equivalent of the FDIC. Itkowitz represented a prominent financial consulting firm in a breach of contract action against the SDIF to recover the amount paid under a contract for consulting services related to a United States… Continue reading Itkowitz Obtained an Approximately $115,000.00 Settlement from the Turkish Equivalent of the FDIC.

REDACTED PLAINTIFF v. REDACTED DEFENDANT

December 20, 2010 (Case No. 09-6230 (WHP), United States District Court for the Southern District of New York), November 15, 2010   We represent plaintiff in this action against his sister, DEFENDANT 1, as well as her husband, DEFENDANT 2, and their company, DEFENDANT 3, alleging common-law fraud, breach of fiduciary duty, breach of contract,… Continue reading REDACTED PLAINTIFF v. REDACTED DEFENDANT

166 Archer Ave. LLC v. NYC Health & Hospitals Corp.

December 6, 2010 (NYC Civil Court, NY County, 10/26/2010)   In this action, 166 Archer Ave sought to recover several months rent erroneously withheld by the New York City Health and Hospitals Corporation ("NYC-HHC") for a premises used and occupied for a NYC-HHC medical clinic. NYC-HHC claimed that certain damages to the building were a… Continue reading 166 Archer Ave. LLC v. NYC Health & Hospitals Corp.