August 4, 2009 255 A.D.2d 192, 680 N.Y.S.2d 12 (1st Dept 1998) Dissolution of a partnership did not render it unamenable to an instant action seeking to determine the extent, if any, of the partnership's outstanding rent obligation under a lease; notwithstanding its dissolution, the partnership continued to exist for the purpose of winding up…
Continue reading 111-115 Broadway Limited Partnership v. Minter & Gay, etc., et al.
July 28, 2009 (App. Term 1st Dept. 11/97) In this case of a long-term rent-stabilized tenancy where the tenant has deposited the entire $42,030.61 judgment against him with the clerk of the court, the Appellate Term determined that lower court had erred by not vacating warrant of eviction. Link to Full Text of Decision itkowitz.com
July 21, 2009 (Sup. Ct. N.Y. Cty. 10/29/96) Defendant tenant had failed to pay rent to plaintiff landlord in violation of terms of lease, resulting in lease termination. Court granted landlord's motions for partial summary judgment of $446,500.02 and for severance for trial of landlord's claim for unpaid additional rent and liquidated damages. Link to…
Continue reading 805 Third Avenue Co. v. Levco Realty Corp.
July 12, 2009 Itkowitz was lead counsel for the Metropolitan Transportation Authority (MTA) in evicting tenants from Grand Central Station in the mid-1990s so that its historic renovation could begin. Here are some victories from that representation: MTA v. Dollar Bills (Civ. Ct. N.Y. Cty. 5/13/96) Court upheld holdover petition by the MTA against Dollar…
Continue reading Itkowitz was lead counsel for the Metropolitan Transportation Authority in evicting tenants from Grand Central Station so that its historic renovation could begin.
July 7, 2009 2/21/96 N.Y.L.J. 28, (col. 6) (Civ. Ct. N.Y. Cty.) Court rejected pro se tenant's attempt to open a stipulation providing for the payment of arrears and imposed sanctions against her for dilatory tactics. Link to Full Text of Decision itkowitz.com
June 29, 2009 26 Family Law Review 2 (June 1994) p.26 Court entered an order of filiation against respondent father despite petitioner mother's 16-year delay in bringing paternity proceedings. Court ruled in favor of petitioner, issuing $27,637.00 in attorneys' fees. Link to Full Text of Decision and Link to Hearing Transcript itkowitz.com
June 22, 2009 (Civ. Ct. N.Y. Cty. 6/9/94) Court held that service of process upon subtenant personally is not a precondition to using substituted service that may be utilized at the option of landlord. Link to Full Text of Decision itkowitz.com
June 15, 2009 (Civ. Ct. N.Y. Cty. 6/1/94) Court held that the reduction in elevator services from two to one functioning elevators due to renovation and repair of elevators did not constitute an actual or constructive eviction, particularly where the lease provided for renovation and repair to the elevators. Link to Full Text of Decision…
Continue reading G.S.H. Associates v. Expressions, Inc.
May 25, 2009 (Civ. Ct. N.Y. Cty. 3/28/94) Respondent tenant was allowed to introduce parole evidence in support of its claim for a five-month rent allowance where subject lease clause failed to express the true agreement of the parties. Landlord, a foreign partnership, could not obtain a judgment against tenant without first obtaining a…
Continue reading 400 Madison Ave. v. Etno, Inc.
May 18, 2009 21 H.C.R. 203A (Sup. Ct. N.Y. Cty. 11/8/93) Following judgment of possession and money judgment for arrears, defendant tenant had vacated commercial premises for which he had signed a guaranty. Court awarded judgment to plaintiff landlord against tenant for amount of initial money judgment, subsequent unpaid base and additional rent, and cleaning…
Continue reading 53rd Street Associates v. Las Americas Communications, Inc.
May 11, 2009 153 B.R. 144 (Bankr. S.D.N.Y. 1993) In this Chapter 11 bankruptcy case, creditor was permitted to file late notice of claim because debtor had improperly served bar date notice. Link to Full Text of Decision itkowitz.com
May 4, 2009 (Sup. Ct. N.Y. Cty. 7/17/92) Court held that tenant defendant's claim that landlord breached lease obligation to provide adequate ventilation and heat was not sufficient to defeat partial summary judgment for landlord for rent owed. Link to Full Text of Decision itkowitz.com
