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Itkowitz Obtained a $2,000,000.00 Settlement on Behalf of a Client Whose Mansion was Destroyed by Fire Just Prior to its Completion

February 10, 2010 Cohen v. Utica First Insurance Company (436 F.supp.2d 517, 2006 EDNY) This was a case where we represented the owner of mansion on the North Shore of Long Island whose house burned down about two weeks prior to completion. In the course of suing the general contractor (a case which settled for… Continue reading Itkowitz Obtained a $2,000,000.00 Settlement on Behalf of a Client Whose Mansion was Destroyed by Fire Just Prior to its Completion

Jin Kwan Choi v. 333 Henry Street Corp.

February 2, 2010 (Sup. Ct. Kings Cty. 5/6/03)   Plaintiff, a tenant with a 10-year lease in a building owned by defendant, failed to comply with the exhaust system requirements of the Administrative Code of New York. Defendant landlord then notified plaintiff that he was in default of the lease and had five days to… Continue reading Jin Kwan Choi v. 333 Henry Street Corp.

Valvo v. Spitale

January 26, 2010 305 A.D.2d 668, (2nd Dept. 5/27/2003) Daughter brought action to impose constructive trust on real property. Mother filed counterclaim for money owed for daughter's use and occupancy of house. The Supreme Court, Kings County, Dowd, J., entered judgment in favor of mother, and daughter appealed. The Supreme Court, Appellate Division, held that… Continue reading Valvo v. Spitale

Rikers Prision Riot — Injured EMS Workers

January 19, 2010 Betancur v. City of New York (Sup. Ct. N.Y. Cty. 5/5/03) In this personal injury action, plaintiffs, EMTs employed by NYC Emergency Medical Services, sought to recover for personal injuries sustained when they were allegedly attacked by NYC Department of Correction officers demonstrating at and blocking access to a bridge leading to… Continue reading Rikers Prision Riot — Injured EMS Workers

Discovery as to Opponents Assets Denied by Appellate Court as Overbroad

January 5, 2010 NAME REDACTED v. Channing (Sup. Ct. N.Y. Cty. 12/18/02) Tenant's motion to compel landlord to answer it's many discovery requests (which included both a request for documents as well as a request for responses to multiple questions posed to plaintiff landlord at his deposition which landlord's counsel objected to and directed him… Continue reading Discovery as to Opponents Assets Denied by Appellate Court as Overbroad

The following is a victory Itkowitz won when clearing the New York City headquarters of the Directors Guild of America:

December 29, 2009 Rascoff Zysblat Organization v. Directors Guild of America 297 A.D.2d 241, 746 N.Y.S.2d 388 (Mem) (App. Div. 1st Dept. 8/22/02) Link to Full Text of Decision See the Full Text of Itkowitz Brief as Published by Westlaw at 2002 WL 34354699 Rascoff Zysblat Organization v. Directors Guild of America (Sup. Ct. N.Y.… Continue reading The following is a victory Itkowitz won when clearing the New York City headquarters of the Directors Guild of America:

Tenants Must Pay Rent Before Certificate of Occupancy Issued

December 15, 2009 Semans v. Kennedy (Civ. Ct. N.Y. Cty. 8/21/02) Petitioner landlords commenced summary proceeding against respondent tenants to recover rent arrears. Tenants argued that they were not obligated to pay rent from the initial occupancy date until the time when landlords obtained of certificate of occupancy. Court rejected tenants' argument, ruling that lack… Continue reading Tenants Must Pay Rent Before Certificate of Occupancy Issued

Perkins v. Division of Housing and Community Renewal and Orion Realty et al.

November 24, 2009 (298 AD2d 588, 2nd Dept. 2002) Filing of an overcharge complaint in 1991, based on the late filing of a 1984 registration statement was untimely. The Rent Regulation Reform Act of 1997 did not deprive Tenant of due process when it imposed a four-year statute of limitations on overcharge complaints.  Link to… Continue reading Perkins v. Division of Housing and Community Renewal and Orion Realty et al.