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Sakele Brothers, LLC v. Dey Street Enterprises

September 28, 2010 (Civ. Ct. NY 9/14/07) Respondent/Tenant's motion to dismiss denied. Respondent argues that the discontinuance of an earlier proceeding was with prejudice, and that the lease provision that Petitioner invoked to commence this holdover proceeding is ambiguous and provides no clear basis for petitioner to commence the proceeding. Respondent's claim that petitioner's discontinuance… Continue reading Sakele Brothers, LLC v. Dey Street Enterprises

Specific Performance Granted to Purchaser in Commercial Real Estate Contract

September 21, 2010 Epstein v. Samaroo (Supreme Court of the State of New York, Kings County, June 22, 2007) In this action for specific performance of a contract for the sale of real property plaintiff-buyer's motion to enforce a judgment which ordered the defendant-seller, to complete the contract of sale and convey her interest in… Continue reading Specific Performance Granted to Purchaser in Commercial Real Estate Contract

Turnover Proceeding in Surrogates Court

September 14, 2010 Devlin v. Knowles, Ameriquest, Citibank (Surrogates Court, Kings County, 2/7/07)   In this miscellaneous proceeding, Petitioner, the Executor of the estate of Mildred Strand, commenced a turnover proceeding to transfer the real property located at 111 East 3rd Street, Brooklyn, New York, which had been partially transferred, prior to her death, to… Continue reading Turnover Proceeding in Surrogates Court

In the Matter of Leslie Brack and Michael Brack

September 7, 2010 (New York City Loft Board, January 18, 2007)   Tenants' application for reconsideration of a Loft Board order finding abandonment of the subject unit was denied where Tenants defaulted without extraordinary circumstances causing their failure to timely answer. Rather, despite four attempts by the Loft Board to get the Tenants to participate… Continue reading In the Matter of Leslie Brack and Michael Brack

Capogrosso v. Reade Broadway Associates

August 31, 2010   (Supreme Court, NY County, 12/11/06) Following trial on commercial tenant's claims that landlord breached the parties' lease and constructively evicted plaintiff by failing to provide adequate electricity, heat, security and cleaning services, tenant found liable to landlord for $216,075.40 for rent and broker fees, on landlord's counterclaim to recover as damages… Continue reading Capogrosso v. Reade Broadway Associates

30 Broad, LLC v. Charles Lawrence

(12 Misc.3d 1179(A), Supreme Court of the State of New York, New York County, July 10, 2006) Personal guaranty by defendant of lease does not bind him, as he signed the lease on behalf of his company only, and not on his personal behalf. Reformation based on unilateral mistake requires a showing that the parties… Continue reading 30 Broad, LLC v. Charles Lawrence

Madison Third Building Companies, LLC v. CB Richard Ellis, Inc.

2006 NY Slip Op 04372 (App Div 1st 2006) June 6, 2006 Commercial building owner represented by us brought action against real estate brokers for tortious interference with contract. The Supreme Court, New York County, denied brokers’ motion to dismiss, and they appealed. The Supreme Court, Appellate Division, held that owner’s allegation provided fair notice… Continue reading Madison Third Building Companies, LLC v. CB Richard Ellis, Inc.

Bedford Gardens Company, LP v. Silka Sure Hecht Jacobowitz

29 A.D.3d 501 (2nd dept. 2006) The Supreme Court erred in denying that branch of the motion of Bedford Gardens, a housing company organized under the Mitchell-Lama Law, which was for summary judgment on its cause of action for ejectment. The last tenant of record of the premises was Gilmore. Pursuant to a Housing Court… Continue reading Bedford Gardens Company, LP v. Silka Sure Hecht Jacobowitz

TS Tenant, LLC. v. Insurent Agency Corp.

(Civ. Ct. NY 4/19/06)   Respondent-tenant’s motion to dismiss in commercial non-payment proceeding denied, which alleged that landlord did not properly notice tenant because there existed a license agreement between the parties, and therefore a 10 day notice to quit pursuant to RPAPL §713 should have been served, instead of the 30 day notice to… Continue reading TS Tenant, LLC. v. Insurent Agency Corp.

57th Street Day Spa, LLC v. 135 East 57th Street, LLC

July 5, 2010 (Sup. Ct. N.Y. Cty. 12/9/05) Yellowstone injunction denied and tenant's complaint dismissed. Lease required tenant to give defendant a $200,000 letter of credit as a security deposit; gave landlord the right to draw down on the letter of credit; required tenant to keep the letter of credit funded up to $200,000; required… Continue reading 57th Street Day Spa, LLC v. 135 East 57th Street, LLC