Notable Cases

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.

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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.

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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.

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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.

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AVI Family Limited Partnership v. Klinov

Prevailed in securing numerous rent abatements for residential tenants at a trial conducted over four days of testimony spread out over six months.

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Life Leasing v. 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.

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Begum v. Flores

Obtained a possessory judgment on behalf of a bona fide purchaser of a multiple dwelling to successfully regain possession of several units from a predecessor in interest and its licensees. 

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162-20 LLC v. Beauchamp

Represented a rent-stabilized tenant in a holdover commenced by the landlord for the tenant's failure to sign a lease renewal.  Prior to the commencement of the 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.

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CARJ Inc. v. 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.

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Estate of Leonora Casillo v. 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.  

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Jamal Kamal Corp. v. 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 lease and failure to maintain proper insurance pursuant to a commercial lease.

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Chiarappa v. Costa

Successfully obtained a judgment of possession after trial representing an estate to liquidate a multifamily property.  The Court found that a discrepancy in the petitioner's 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 the 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, the respondent was not granted more than sixty days since the Respondent was aware of the need to vacate for at least fourteen months prior to trial.

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U.S. Bank National Association v. 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. 

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Fulton Unique Residence v. Sahel Beauty

Represented landlord of a 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.

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Golosovskaya v. Zaretskaia

Prevailed in regaining possession of a cooperative unit in a holdover proceeding over the tenant's claims of ownership through intestacy. 

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Fannwood Estates v. 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 established 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.

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Jamal Kamal Corp. v. Kangs Trading Inc.

After trial, Landlord obtained a final money judgment and judgment of possession against the commercial tenant for all unpaid rental increases pursuant to a written lease even though the Landlord incorrectly billed the 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 signed writing.  Where a lease requires allows for a modification of the lease terms by a signed writing, oral modifications are deemed invalid.

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JW Holdings LLC v. 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.

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United AC Corp. v. Eden I, LLC

Represented Landlord in Supreme Court action filed by the commercial tenant seeking a Yellowstone Injunction to stop landlord's eviction proceeding for breach of the lease.  Successfully opposed tenant's motion, permitting the landlord to continue the holdover proceeding.  Yellowstone relief is prohibited after the cure period provided to a commercial tenant expires.  The court held that the tenant failed to rebut or contradict the landlord's allegations of lease violations, including illegal sublet and inadequate commercial insurance. Prevailed over tenant's motion, dismissing Supreme Action.