AMSTERCO 67, LLC v. THE BARBERS ON AMSTERDAM CORP, Supreme Court, New York County
Successfully defended a New York City barbershop and personal guarantor of a commercial lease in against an action started by the landlord to collect rent during the worldwide COVID-19 pandemic. Our office prevailed to have the lawsuit dismissed against the guarantor on the ground that the business was part of a protected class designated by the NYC administrative law created during the COVID-19 pandemic to protect certain personal guarantors on commercial leases. The business was also protected from the rents that would be due on the balance of the unused years of the lease.
CAROLINA REALTY COMPANY, LLC v. SIMKHO NEKTALOV, Housing County, Queens County
Aggressively represented family-owned shoe repair in Queens New York. through motion practice, we were able to establish that the landlord wrongfully and improperly commenced a non-payment case we are no lease existed and improperly served legal papers with a defective property description. We were able to arrange for a new lease to be issued on more favorable terms in order to preserve the business assets for the long-term.
Station Venture LLC v. Michael Balzer, District Court, Suffolk County
Represented the landlord of One family home in Patchogue, Long Island during the COVID-19 pandemic and eviction moratorium to effectively evict the unauthorized licensee in the property. Despite the licensee's efforts to stay the eviction by repeatedly bankruptcy proceedings, we were able to move the bankruptcy court to prevent the licensee from further bankruptcy filings In order to complete the eviction.
Monica Mackay v. Toni Farquharson, Supreme Court, Queens County
Commenced action for the landlord against a tenant for harassment, and restraining order to enable the landlord to gain access into a tenant's property to make required repairs and hold the tenant in criminal contempt of court for failing to comply with court orders, causing the tenant to ultimately be arrested as a result of contempt of court and requiring the tenant's attorney to pay landlord legal fees.
Aisha Ragland v. Firm Ventures LLC, Housing Court, Kings County
Successfully defended an illegal lockout claim by a tenant in Brooklyn New York by showing that the tenant was prohibited from entering the property as a result of a restraining order issued by the Criminal Court in favor of and to protect the landlord from the tenant's violent conduct. The tenant could not claim an illegal lockout from a property where the order of protection prohibited the tenant from entering the property despite the tenant previously residing there.
Benu v. Kandhorov, Housing Court, Kings County
Successfully defended New York City real estate developer in an illegal lockout proceeding commenced by a former building superintendent. Procured victory after a seven-day trial to establish that there was no landlord-tenant relationship, that the super could not establish an illegal lockout occurred, and that the sale of the property prevented a finding of an illegal lockout against the developer.
Idress Mini Mart v. Sakovich, Housing Court Kings County
Defended Brooklyn-based landlord in an illegal lockout trial in Kings County Commercial Division during the COVID-19 pandemic and eviction moratorium establishing that an illegal lockout did not occur where a commercial tenant did not have access to a utility meter outside the subject premises and was in the process of moving to a new location.
443 WEST 151 4D LLC v. ETIENNE Housing Court, New York County
Successfully lifted an ERAP stay on an eviction proceeding by establishing that the petitioner was entitled to a loophole contained in the ERAP regulations whereby an eviction can continue despite an ERAP disbursement being made if the petitioner intended to use the subject premises as their primary residence. While the ERAP loophole required the unit to be located in a building of four or fewer units, we successfully lifted the ERAP stay on a condominium located within a building of 20 units.
Castillo v. 207 Autumn LLC Housing Court, Kings County
Defended New York City real estate developer in an illegal lockout proceeding filed by a tenant of the prior owner. We filed a motion to dismiss to successfully overcome the allegations of an illegal lockout on the basis that the accusing tenant was removed by the New York City Department of Buildings and NYPD pursuant to a Dept of Buildings vacate order prior to our client coming into the title and becoming the legal owner of the property. We were able to prove on behalf of our client that the tenant improperly started an illegal lockout case against our client on the ground that our client was not liable to a tenant they were never in privity with.
Nejat v. 190-02 Jamaica LLC, Supreme Court, Queens County
Represented the owner of a commercial property in Queens, New York in defense of a foreclosure action commenced by a hard money lender against the property at the height of the government-mandated Covid-19 shut down. Successfully prevented the foreclosure of the property by showing that Mortgagor/owner negotiated a forbearance during the shutdown and was entitled to a loan modification. The hard money loan was improperly accelerated and our office successfully renegotiated the terms of the note in an extension and modification agreement.
Zabyrkulova v. Farkas, Housing Court, Queens County
Conducted and prevailed at trial in a harassment proceeding in the housing court in Kings County. Successfully represented subtenants of a cooperative unit against the shareholder/landlord establishing a pattern of conduct by the shareholder/ landlord designed to have the tenant leave their home without a lawful eviction. At trial, we established that the landlord engaged in wilful harassing and abusive conduct with the intent of driving the tenant from their home. Successfully attained a judgment of harassment and civil damages assessed against the landlord payable to the tenant as a penalty.
3100 Ocean LLC v. Dinora Inc, Housing Court, Queens County
Defended a popular Brooklyn restaurant in a nonpayment eviction proceeding commenced by the landlord for unpaid rent which accrued during the Covid-19 government-mandated shutdown. Successfully restricted monthly lease obligations in order to prevent an eviction and allow the restaurant establishment to continue operations while repaying the balance of rent over a protected period.
1218 Flatbush Avenue LLC v. BB Halal Market Inc., Housing Court, Queens County
Commenced eviction proceedings against the bodega for unpaid rent which accrued during the COVID-19 pandemic. The tenant was fully operational during the shutdown and failed to assert any viable defenses. Obtained final judgment of possession and executed warrant of eviction by NYC Marshal for the landlord to regain possession of premises.
Six Mon LLC v. Emma F Davis-Kos, Housing Court, New York County
Defended residential tenant in no lease holdover commenced by landlord claiming unit was a free market not subject to rent regulation. By engaging the Division of Housing Community & Renewal, we successfully challenged the regulatory status of the apartment, and secured a buyout of the tenant’s apartment, procuring financial assistance for the tenant for relocation.
Balgobin v. Ronald Junior Myckw, Housing Court, Queens County
Commenced no-lease no-defense holdover during the COVID-19 moratorium of evictions and successfully regained possession of the property for the landlord.
611 W 158th St Corp v. Gzim Shala, Housing Court, New York County
Successfully defended the super of a residential building in an eviction proceeding commenced by the building owner following the COVID-19 eviction moratorium. Our office was able to negotiate a lucrative buyout of the super’s rights to the unit, procuring financial assistance for the super and its family for relocation.
Pearl Shachar v. Yushabayev, Housing Court, Queens County
Defended a residential tenant in an eviction proceeding for the nonpayment of rent during the COVID-19 eviction moratorium, and successfully negotiated a 100% waiver of all amounts due, saving tenants tens of thousands of dollars.
Helen Luciano et al v. 936 87, LLC, Supreme Court, Queens County
Defended real estate developed against an action started by an individual pursuant to a contract to buy land, placing a lis pendens/LP/purchaser’s lien against the developer's property. Succeeded in having the lien lifted from the property and vacated from city records to enable the property developer to sell.
THE BINYAN AV VEEM LLC v. DOVIDS SHOE REPAIR, Housing Court, Kings County
Defended a small family-owned shoe repair business in commercial eviction proceeding commenced by the landlord in no lease no defense holdover during the Covid-19 eviction moratorium. Successfully renegotiated an eight-year payment plan on the open balance of unpaid rent, to provide tenant longevity, stability, and restructured lease obligations.
MUSHIYEVA v. MIKHAIL NIYAZOV, Housing Court, Queens County
Conducted and prevailed at trial in commercial eviction proceeding against the office. At trial, we were able to overcome the tenant’s allegations that the space was used for residential purposes and protected from eviction in the commercial division. Obtained final judgment of possession, warrant of eviction, and a full money judgment for unpaid rent arrears for the client.
519 BEACH 66TH STREET LLC v. JEE YUL YOON, Housing Court, Queens County
Represented local property manager in no lease no defense holdover. Obtained final judgment of possession, and conducted eviction by NYC Marshal. Post eviction, the evicted respondent forcibly re-entered, was arrested, incarcerated, and continued to forcibly re-enter. Successfully argued against respondents' post-eviction order to show cause to be restored. Respondent deemed legally evicted and landlord in legal possession of the premises.
JENCE REALTY LLC v. 861 LA RUBIA RESTAURANT CORP, Supreme Court, Queens County
Successfully defended family-owned restaurant in Queens, NY from an attempted eviction commenced by the landlord who claimed tenancy must be terminated for purposes of demolition and construction. Aggressively litigated defects in the landlord’s case to stop eviction attempts, and successfully negotiated a lucrative buyout of the restaurant's lease, procuring financial assistance for relocation and damages.
TOSH ERNEST v. MACKALA FAL, Housing Court, Kings County
Represented a small landlord to regain possession of a 2-family home during the COVID-19 eviction moratorium for nonpayment of rent. Successfully litigated against tenant’s claims of warranty of habitability defenses. Obtained final judgment for possession, warrant of eviction, and a money judgment for the unpaid balance of rental arrears.
HENAO v. ANDRES SALGADO, Housing Court, Queens County
Represented owners of small family-owned properties to regain possession of apartments from problematic tenants during the Covid-19 eviction moratorium. We effectively utilized a loophole created by the NYS legislature during the pandemic-related eviction moratorium permitting the eviction of tenants committing a nuisance. Obtained judgment of possession and warrant of eviction for our client. Conducted an eviction by the NYC Marshal during the eviction moratorium.
Glavern Corp v. 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 employees 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.