15 W. 39th ST. NY LLC v. C.C.M.S., Index # LT-319877-22 (Civil Court N.Y. 2023)
We obtained Summary Judgment in favor of one of our commercial landlord clients, awarding $363,471 in base rent (plus interest and legal fees), a judgment of possession, and a warrant of eviction. The tenant, a large non-profit that was occupying the premises at issue, failed to pay rent for a one-year period, alleging that the Landlord had not fulfilled certain lease obligations concerning the certificate of occupancy. The decision is particularly significant because, although the tenant alleged a multitude of facts in an effort to avoid summary judgment, we successfully convinced the Court to adhere to the precise letter of the lease.
West 18th Street Venture LLC v. Marcie Allen, Index #654171-21 (N.Y. Supreme Court 2023)
In a fully litigated matter against the personal guarantor under a commercial lease between our client and an international music and concert promotion agency, we obtained a decision on Summary Judgment awarding $1,085,050 plus legal fees. In a rejected effort to avoid her enormous monetary obligations, the personal guarantor claimed, wrongly, that she was shielded from liability due to certain COVID enacted limitations.
ESRT 501 Seventh Ave. L.L.C. v. Regine, Ltd., 2021 N.Y. Slip Op. 32524 (N.Y. Supreme Court 2021)
Representing the Empire State Realty Trust, we obtained Summary Judgment against a retail clothing business located on the ground floor of a prominent Midtown Manhattan location based upon the tenant’s breach of lease, failure to pay rent and its subsequent holdover in premises, with a money judgment awarded in favor of our client in the amount of $823,591 plus a judgment of possession and the successful eviction of the tenant.
ESRT 501 Seventh Ave. v. Chao Bella Cut & Dry Bar, Inc., 2023 N.Y. Slip Op. 30468 (N.Y. Supreme Court 2023)
When a hair salon breached its commercial lease by its failure to pay rent, on behalf of the Empire State Realty Trust, we obtained a decision on Summary Judgment against the tenant and its personal guarantor in the amount of $277,265 plus landlord’s legal fees. We successfully overcame the tenant’s array of defenses and counterclaims related to the COVID Pandemic.
Glenhill Associates v. Aeon Productions, 2023 N.Y. Slip Op. 33039 (N.Y. Supreme Court 2023)
We obtained a complete victory on Summary Judgment in favor of our client, the landlord of a Midtown office building, for breaches under a commercial lease and personal guaranty. The tenant and guarantor refused to pay rent and the Court awarded our client a money judgment in the amount of $213,384 plus its legal fees.
CKR Law LLP v. DiPaolo and Mendelson, 209 A.D.3d 427 (N.Y. Appellate Division 2022)
In this matter, we defended an attorney wrongfully accused of, among other things, fraudulent inducement related to a law firm’s acquisition of another firm. The plaintiff sought $500,000 in damages. After the trial Court dismissed some, but not all of plaintiff’s claims on our Motion to Dismiss, we successfully prosecuted a First Department appeal. Ruling on our appeal, the Appellate Division reversed the trial court and dismissed plaintiff’s fraudulent inducement claim, resulting in dismissal of the entire matter against our client.
112 W. 34th St. Co. v. Java Indus., Inc., 2019 N.Y. Slip Op. 33702, 1 (N.Y. Sup. Ct. 2019)
Summary Judgment awarded on Landlord’s claims for breach of lease, pierce the corporate veil and use and occupancy against tenant, its principal and an entity related to tenant that occupied premises.
ESRT 250 W. 57th ST, LLC. v. 13D/W. 57th LLC, 2018 N.Y. Slip Op. 31139, 1 (N.Y. Sup. Ct. 2018)
Summary Judgment awarded in favor of Landlord in the amount of $108,246, representing rent and additional rent due under commercial lease from tenant and its guarantor. Court also awarded Landlord attorneys fees and brokerage commissions, to be determined at a hearing.
112 WEST 34th STREET COMPANY, L.L.C., v. EZRA A. SHAMAH and RACHEL SHAMAH, Supreme Court, New York County, (2014 NY Slip Op 51554)
On behalf of major commercial landlord, prosecuted action to pierce corporate veil of shell corporation formed to execute showroom lease, resulting in recovery of substantial damages.
ACCURATE COPY SERVICE OF AMERICA, INC., et al., v. FISK BUILDING ASSOCIATES L.L.C. et al.. Appellate Division of the Supreme Court of New York, First Department, 899 N.Y.S.2d 157, 72 A.D.3d 456 (2010)
FISK BUILDING ASSOCIATES LLC, v. SHIMAZAKI II, INC., et al., Appellate Division of the Supreme Court of New York, First Department, 76 A.D.3d 468, 907 N.Y.S.2d 2 (2010)
FISK BUILDING ASSOCIATES, L.L.C., v. THE DENNELISSE CORP., Supreme Court, New York County (2010 NY Slip Op 32269)
Defended action against major commercial landlord alleging breach of submetered electricity clause in lease and consumer fraud.
S&S TEXTILES v. STEVE WEAVE, INC., 48 UCC Rep.Serv.2d 899, 2002 WL 1837999 (S.D.N.Y.)
Obtained summary judgment for international textile firm against importers in Federal lawsuit to recover damages for breach of purchase contract, resulting in recovery of substantial damages.