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Cases of Interest

Glavern Corp vs. Grinberg: Obtained a judgment of possession and regained possession of a rent stabilized unit occupied by a building super.  We successfully opposed arguments that the preferential rents paid by the super during the course of its employment were a defense to the payment of full legal rent after such employment was terminated, and that the tenant's failure to pay rent during the landlord's prior holdover proceeding barred the landlord from regaining possession for nonpayment in the subsequent non-payment proceeding.
AVI Family Limited Partnership vs. Klinov: Prevailed in securing numerous rent abatements for residential tenants at trial conducted over four days of testimony spread out over six months .
Life Leasing vs. Cucuteanu: Represented the tenants in a non-primary residence holdover commenced by the landlord, We were able to avoid trial and succeeded in obtaining succession rights for the children of a rent stabilized tenant where primary residence was placed at issue.  The tenants prevailed in regaining possession of their family home of over twenty years.
Begum vs. Flores:  Obtained a possessory judgment on behalf of a bonafide purchaser of a multiple dwelling to successfully regain possession of several units from a predecessor in interest and its licensees. 
162-20 LLC vs. Beauchamp: Represented a rent stabilized tenant in a holdover commenced by the landlord for the tenants failure to sign a lease renewal.  Prior to commencement of trial, we successfully disputed improper rent increases for retroactive alleged Individual Apartment Improvements (IAI) and Major Capital Improvements (MCI) and secured a lease renewal for the tenant with the lower, correct rent levels.
CARJ Inc. vs. Four Seasons Used Cars Inc.: Succeeded in regaining possession of a valuable commercial lot in a holdover proceeding based upon numerous defaults of the commercial lease, including illegal alterations, failure to correct city violations, failure to maintain the property and insurance related defaults.  We thereafter prevailed at the Appellate Term Second Department to deny a stay of the eviction. 
This office and its affiliates also successfully argued before the U.S. Bankruptcy Court for the Eastern District of New York on two separate occasions that a terminated commercial lease is not protected by the bankruptcy stay, and thereafter regained possession of the property..
Estate of Leonora Casillo vs O'Neil: Represented an estate to successfully evict an occupant who remained in an apartment after her parents had vacated.  The court ruled that considering the age of the last remaining occupant and that rent was never paid by her, the occupant was not a tenant and not entitled to more than a 10-day notice to quit, and was not a month-to-month tenant despite her parents having paid rent before vacating.  
Jamal Kamal Corp. vs. Banga Nara: Represented a landlord to regain possession of a retail location in a holdover proceeding commenced as a result of the tenant illegally assigning the commercial and lease and failure to maintain proper insurance pursuant to a commercial lease..
Chiarappa vs. Costa: Successfully obtained judgment of possession after trial representing an estate to liquidate a multifamily property.  The Court found that a discrepancy in petitioners name between the termination notice and petition was not considered a defect, where both documents indicated Petitioner's maiden name, but the petition also indicated petitioner's married name.  The discrepancy was not considered to have confused Respondent as to who was commencing the proceeding.  Furthermore, despite the seventeen year tenancy, respondent was not granted more than sixty days since Respondent was aware of the need to vacate for at least fourteen months prior to trial.
U.S. Bank National Association vs. Horrey, et al.:  Successfully prevented the eviction of a tenant residing in an REO by the foreclosing bank based on several jurisdictional defenses, and negotiated and secured substantial financial compensation payable to the tenant. 
Fulton Unique Residence vs Sahel Beauty:  Represented landlord of retail building in Brooklyn and successfully regained possession of ground floor based on commercial tenant's insurance defaults for failure to maintain general liability and property damage insurance coverage.  The court ruled that such violations were not curable and that commercial tenant was required to furnish proof of coverage to avoid trial,
Golosovskaya vs. Zaretskaia: Prevailed in regaining possession of a cooperative unit in a holdover proceeding over the tenant's claims of ownership through intestacy. 
Fannwood Estates vs. Dustova:  Successfully defeated a landlord's motion seeking legal fees against a rent stabilized tenant.  Despite a reference in a two-attorney stipulation that "time is of the essence" for a rent stabilized tenant to remove an illegal sub-tenant from the unit, the Court found that the rent stabilized tenant had substantially complied with its obligations and has establish good cause to NOT be held in default or be liable to compensate the landlord for its legal fees.  The Court noted several factors, including that the legal tenant of record timely commenced a holdover proceeding against the illegal subtenant; had obtained a final judgment and executed a marshal's warrant of eviction, but for administrative delays, the tenant of record would have timely removed the illegal sub-tenant pursuant to the two-attorney stipulation.
Jamal Kamal Corp. vs. Kangs Trading Inc.:  After trial, Landlord obtained a final money judgment and judgment of possession against commercial tenant for all unpaid rental increases pursuant to a written lease even though the Landlord incorrectly billed Tenant for rent without accounting for annual rent increases contained in the lease.  The Court held that mistakes on the monthly billing statements sent by the Landlord to the tenant did not qualify as a "waiver" of the rent increases, and that waivers must be in a signed writing.  Where a lease requires allows for a modification of the lease terms by a signed writing, oral modifications are deemed invalid.
JW Holdings LLC vs Tineo: Obtained judgment of possession and executed eviction against tenants of predecessor owner as well as predecessor owner himself despite numerous Orders to Show Cause filed by Tenant and over tenant's allegation/arguments that petitioner conveyed fraudulent deed transfer
United AC Corp. vs Eden I, LLC: Represented Landlord in Supreme Court action filed by commercial tenant seeking a Yellowstone Injunction to stop landlord's eviction proceeding for breach of lease.  Successfully opposed tenant's motion, permitting landlord to continue holdover proceeding.  Yellowstone relief is prohibited after the cure period provided to a commercial tenant expires.  The court held that tenant failed to rebut or contradict landlord's allegations of lease violations, including illegal sublet and inadequate commercial insurance insurance. Prevailed over tenant's motion, dismissing Supreme Action.
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