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Lyman, Inc. v. 132 W. 125 Co.

November 17, 2009 (Sup. Ct. N.Y. Cty. 11/1/01) Defendant commercial landlord successfully moved to dismiss plaintiff tenant's cause of action for offsets or overpayments based on statute of limitations grounds, because the landlord began billing tenant for alleged overcharges more than six years prior to the commencement of the lawsuit, using a computational methodology that… Continue reading Lyman, Inc. v. 132 W. 125 Co.

Broome Realty Associates v. Esposito

November 10, 2009 (Civ. Ct. N.Y. Cty. 3/7/01) Most of tenant's affirmative defenses and counterclaims were struck in this non-primary residence case, including: breach of warranty of habitability, harassment, abuse of process, improper service of the predicate notice of termination. Disclosure was granted to landlord, and tenant was ordered to pay rent during proceeding.  Link… Continue reading Broome Realty Associates v. Esposito

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

November 1, 2009 (Sup. Ct. N.Y. Cty. 3/26/02) Defendant landlord had mailed to plaintiff tenant a notice to cure based on tenant's default in failing to seek landlord's permission to assign the premises. The court denied tenant's motion for a Yellowstone injunction because tenant did not seek relief until after the time to cure had… Continue reading 57th Street Day Spa v. 135 East 57th Street, LLC

European American Bank v. Three Park Ave. Building Co.

October 13, 2009 (Civ. Ct. N.Y. Cty. 10/3/00) Defendant had leased premises to third party (not named in suit), which had obtained as security a letter of credit from plaintiff made payable to defendant. When third party defaulted under its lease, defendant drew down the full amount of letter of credit, and plaintiff then commenced… Continue reading European American Bank v. Three Park Ave. Building Co.

Wented Realty Corp. v. Hisako Oshima Watanabe

October 6, 2009 (Civ. Ct. N.Y. Cty. 9/7/2000) Landlord won summary judgment and was granted a money judgment in the amount of three times the rent sued for because lease allowed for such damages. Hearing for attorney's fees was also granted. Tenant's argument that it renewed lease was unpersuasive because it did not exercise the… Continue reading Wented Realty Corp. v. Hisako Oshima Watanabe

Freeman Foursome v. Cabana Carioca

September 27, 2009 (Sup. Ct. N.Y. Cty. 1/30/01) Plaintiff, owner of a four-story building in Manhattan, had net-leased the entire building to a corporation, and obtained judgment after trial for rent, additional rent, costs of cleanup and re-letting, payment of violations, expenses connected with obtaining amended certificate of occupancy, and expenses in connection with other… Continue reading Freeman Foursome v. Cabana Carioca

ITW Mortgage Investments v. GMI N.Y.

August 18, 2009 (Civ. Ct. N.Y. Cty. 2/24/98) Petitioner landlord commenced non-payment proceeding against respondent tenant, who had not been paying rent to landlord and had sublet the premises to undertenant. Tenant claimed that it had not been paying rent because landlord had breached lease in changing premises without consent of tenant; landlord pointed out… Continue reading ITW Mortgage Investments v. GMI N.Y.

Enrico & Sons Contracting v. Bridgemarket Associates

August 11, 2009 252 A.D.2d 429, 675 N.Y.S.2d 351 (1st Dept 1998) Appellate Division reversed grant of summary judgment to concrete contractor and affirmed defendant landlord's amendment of pleadings to include a counterclaim in the nature of recoupment for defective work.  Link to Full Text of Decision itkowitz.com