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90 William Street Development Group, LLC v. Oshman & Mirisola, LLP, et al.

June 28, 2010 (Civ. Ct. N.Y. Cty. 11/25/05) Respondent's objection to the timeliness of a notice to cure based on its contention that petitioner was required under the Court of Appeals case ATM One LLC v. Landaverde to add five days for mailing, was rejected by the court. Landaverde cannot be read to apply to… Continue reading 90 William Street Development Group, LLC v. Oshman & Mirisola, LLP, et al.

We Negotiated a $1.25 Million Dollar Buyout of a Long-Standing Loft Tenant Occupying Approximately 2,000 Sq. Feet

June 23, 2010   December 2006 Settlement of Interest We negotiated a $1.25 Million Dollar buyout of a long-standing loft tenant occupying approximately 2,000 sq. feet. This was a six-story loft building in Tribeca. A developer was seeking to purchase the building and re-position it. The selling Landlord and Tenant (our client) sued one another. Landlord contended… Continue reading We Negotiated a $1.25 Million Dollar Buyout of a Long-Standing Loft Tenant Occupying Approximately 2,000 Sq. Feet

Vernon Walden, Inc., v. Lipoid Gmbh, et al.

June 21, 2010 Slip Copy, 2005 WL 3088333 (D.N.J.) (United States District Court, D. New Jersey, 11/17/05) This was a breach of contract and Robinson-Patman anti-trust action brought in Federal Court by a former agent Itkowitz's client, Lipoid GmbH and Lipoid USA, LLC. The major threat in this case was the Robinson-Patman anti-trust cause of… Continue reading Vernon Walden, Inc., v. Lipoid Gmbh, et al.

An October to Remember

October 2005 We represented the borrower on a $1,200,000.00 refinance of a 22,000 square foot apartment building. We represented the borrower on a $1,250,000.00 refinance of a 24,000 square foot apartment building. We represented the borrower on a $975,000.00 refinance of a 12,800 square foot building. itkowitz.com

Down East Properties, Inc. v. DiMase

June 24, 2010 (Civ. Ct. N.Y. Cty. 8/15/05) Summary judgment for landlord in this residential holdover proceeding against a tenant-at-will. The tenant's husband's family owned this luxury apartment. Years earlier, the husband's family had sued to evict both tenant and her husband, and a warrant of eviction was obtained; however, the husband's family never executed… Continue reading Down East Properties, Inc. v. DiMase

Braun Associates, LLC, V. Madison Third Building Companies, LLC

June 7, 2010 (Sup. Ct. NY 5/16/05) In this action over a substantial broker's fee, plaintiff Broker's motion in limine for an order denying Defendant the right at trial to present to the trier of fact evidence as to the monetary and non-monetary performance of the tenant under the lease is denied. Typically, a tenant's… Continue reading Braun Associates, LLC, V. Madison Third Building Companies, LLC

82 Thomas Street Realty Corp. v. Robert Harding

May 31, 2010 (Civ. Ct. N.Y. Cty. 11/18/04) Summary judgment for Petitioner-Landlord in this Loft case where no triable issue of fact exists because Respondent-Tenant never applied for reconsideration of or appealed a ruling of the Loft Board which determined that the subject premises was de-regulated. The Court must defer to the Loft Board.  Link… Continue reading 82 Thomas Street Realty Corp. v. Robert Harding

Distressed Commercial Building on Verge of Tax Auction

  October 2004 We represented the purchaser of a distressed commercial building in Brooklyn, and its subsequent flip, re-sale, for $1,050,000.00. This property was on the eve of auction for tax liens, and the title was otherwise very cloudy. Since the highest bidder would only purchase the property with clear title, a lot of leg… Continue reading Distressed Commercial Building on Verge of Tax Auction