Home -  About Us -  Notable Decisions

We are quite proud of the significant victories we have achieved for our clients and other property owners before the Court of Appeals, the Appellate Division, the Appellate Term, the Supreme Court and the Civil Court.  The following notable decisions illustrate the breadth of the firm’s practice areas..

  • Shoprite Supermarkets, Inc. v. Yonkers Plaza Shopping, LLC, 29 A.D. 3d 564 (2d Dep’t 2006).  First Appellate Division case to set forth the base requirements for a Rent Demand and for a Notice to Cure.
  • Classic Realty LLC v. DHCR, 2 NY 3d 142 (2004).  In Luxury Decontrol setting, tenant cannot submit amended tax return during “comment” period to avoid high income deregulation.
  • Nobu Next Door LLC v. Fine Arts Housing, Inc., 3 A.D.3d 335 (1st Dep’t 2004).  Tenant’s business judgment in failing to timely exercise lease renewal clause in lease not excusable.
  • Eighteen Assocs. LLC v. Nanjim Leasing Corp., 297 A.D.2d 358 (2d Dep’t 2002).  Subtenants of commercial space not in direct privity with the owner found responsible for the payment of use and occupancy.
  • Graubard Mollen, et al, v. 600 Third Avenue Associates, 93 N.Y.2d 508 (1999).  Details the scope and nature of “Yellowstone” Injunctive Relief. Obtained more than $500,000.00 in interest for client on late rental payments.  Decision analyzed in New York State Law Digest, September, 1999.
  • Rose Associates v. Lenox Hill Hospital, 262 A.D.2d 68 (1st Dep’t, 1999).  Obtained more than two million dollars in use and occupancy arrears from holdover hospital tenant.
  • Avon Bard Co. v. Aquarian Foundation, 260 A.D.2d 207 (1st Dep’t 1999).  Re-established that corporate non-primary resident tenant is not entitled to a renewal lease under the Rent Stabilization Law.
  • Nick v. State Div. Of Housing and Community Renewal, 244 A.D.2d 299 (1st Dep’t 1997).  First case to interpret default provision of Luxury Decontrol Law and hold that default cannot be excused.
  • Community Housing Improvement Program, Inc. v. DHCR, 230 A.D.2d 66 (3rd Dep’t 1997).  Nullifying DHCR policy, determined that qualified owners under the Rent Control Maximum Base Rent program must obtain increases based upon a formula yielding a higher return than that employed by DHCR.
  • Holy Properties Ltd. v. Kenneth Cole Productions, Inc., 87 N.Y.2d 130 (1995). Established in the modern era that a landlord has no duty to mitigate damages in a commercial setting.
  • Cox v. J.D. Realty Associates, 217 A.D.2d 179 (1st Dep’t 1995). Established that Civil Court, rather than Supreme Court, is the proper forum to resolve apartment succession disputes.
  • Sohn v. Calderon, 78 N.Y.2d 755 (1991).  Established areas where administrative agencies have exclusive jurisdiction.
  • Briar Hill Apartments Co. v. Teperman, 165 A.D.2d 519 (1st Dept’ 1991). Established criteria to determine non-primary residence issues.
  • 61 W. 62 Owners Corp. v. Harkness Apartment Owners Corp., 173 A.D.2d 372 (1st Dep’t 1991).  Established that owner may recover possession if tenant fails to pay court ordered use and occupancy as condition to a “Yellowstone” injunction.
  • Ansonia Residents Ass’n v. DHCR, 75 N.Y.2d 206 (1989).  Established that Major Capital Improvement Increases become a permanent part of a tenant’s base rent.
  • Kumble v. Windsor Plaza Co., 128 A.D.2d 425 (1st Dep’t 1987). Established that attorney’s fees must be proven by means of an adversarial hearing.
  • 829 Seventh Ave. Co. v. Reider, 67 N.Y.2d 930 (1986).  Expounded on the “living with” requirement for Rent Controlled Succession rights.
  • Sullivan v. Brevard Assocs., 66 N.Y.2d 489 (1985).  Seminal case defining tenant which led to enactment of the succession statutes.
  • Vance v. Century Apartment Assocs., 61 N.Y.2d 716 (1984).  Established that subletter must demonstrate an intent to return.
  • Beaux Arts Properties Co. v. Whalen, NYLJ  Jan. 12, 1990 p. 21 col. 2 (App. T 1st Dep’t).  First Appellate decision to authorize attorneys to issue rent demands.
  • Rose Associates v. Lewandowski, NYLJ Nov. 1, 1989 p. 21 col. 1 (App. T. 1st Dep’t).  First Appellate decision indicating that a notice of nonrenewal  in a primary residence proceeding is sufficient if it alleges only an alternate address where the landlord believes the tenant resides.
  • Goho Equities v. Weiss, 149 Misc. 2d 628 (App. T. 1st  Dep’t 1991).  Established that a loft landlord need not refund rents collected when not in compliance with legalization timetable.
  • Baer v. Gotham Craftsman, 154 Misc. 2d 490 (App. T. 1st Dep’t 1992).  Established that a loft landlord is permitted to seek rent where noncompliance with the legalization timetable of statute is due to the city’s failure to entertain applications or issue regulations.
  • Teichman v. Ciapi, 160 Misc. 2d  182 (App. T. 1st Dept 1994).  Permitted an owner’s own use proceeding to go forward on notice of nonrenewal alleging minimal facts.
  • DBL Realty Co. v. Zavala, 166 Misc. 2d 736 (App. T. 1st Dep’t 1995).  Vacated rent overcharge award predicated upon late DHCR registration as violative of 1993 Rent Regulation Reform Act.
  • Pleasant East Associates v. Soto, NYLJ May 13, 1996 p. 28 col. 2 (App. T. 1st Dep’t).  Affirmed jury verdict evicting tenant for drug activity committed by her former boyfriend in the apartment.
  • DK Property Inc. v. MeKong Restaurant Corp., 187 Misc. 2d 610 (App. T. 1st Dep’t 2001).   Liberalized standard for holdover notices in commercial proceedings.
  • Goldman v. Becraft,  NYLJ July 13, 2001 p. 18 col. 2 (App. T. 1st Dep’t).  Rejected the tenant’s effort to avoid defending a primary residence case on the merits when owner inadvertently accepted rent prior to commencement of the holdover proceeding.
  • Herald Towers LLC. v. Perry, NYLJ February 7, 2003 p. 18 col. 1 (App. T. 1st Dep’t).  Obtained summary judgment based upon tenant’s repeated failures to timely pay rent.
  • 157 East 57th Street, LLC v. Birrenbach,  8 Misc. 3d 123 (A) (App. T. 1st Dep’t 2005.  Defeated tenant’s claim for attorneys fees in non-payment proceeding where tenant received a substantial rent abatement for constructive eviction due to mold.
  • Ridges & Spots Realty Corp. v. Edward,  4 Misc. 3d 130 (A) (App. T. 1st Dep’t 2004) – dismissed challenge to deregulated rent based upon 1997 Rent Regulation Reform Act.
  • Cyline Properties Co. v. Rubin, NYLJ February 15, 1994 p. 28 col. 4 (App. T. 1st Dep’t) – First Appellate ruling holding that nonprimary residence case may be maintained against nonpurchasing rent regulated tenant under a noneviction cooperative conversion plan.
  • East 145 Co. v. Benayoun, 190 Misc. 2d 164 (App. T. 1st Dep’t 2001).  Landlord’s commencement of proceeding based on breach of no pet clause not retaliation for tenant’s commencement of personal injury suit against landlord.
  • Pinehurst Construction Corp. v. Schlessinger, 12 Misc. 3d 26 (App. T. 1st Dep’t 2006).  Ruled that tenant engaging in bizarre and abusive conduct against occupants of neighboring apartment removable as a nuisance.
  • Goldman v. LaFollette Corp., NYLJ June 4, 2002 p. 15 col. 1 (App. T. 1st Dep’t) and Herald Towers, LLC v. Jeet International, Ltd. NYLJ, Jan. 24, 2002 p. 19 col. 4 (App. T. 1st Dep’t). Recovered possession of rent stabilized apartments let to corporate tenants as nonprimary residents.