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 and the extent of its litigation experience:

• Barton v. 270 St. Nicholas Avenue HDFC, 84 A.D.3d 696 (1^st Dep’t 2011). Defeated effort of tenants of an HDFC rental building to compel not-for-profit owner to convert building located in improving area to cooperative ownership.
  
• Langham Mansions LLC v. DHCR, 76 A.D. 3d 855 (1^st Dep’t 2010). Reversed DHCR determination permanently excluding five apartments from MCI rent increase due to allegedly defective windows on the ground that DHCR offered no reason to depart from its stated policy to suspend the collection of the increase for the affected apartments under the condition it is remedied in such instances.
• Lee v. DHCR, 73 A.D. 3d 778 (2d Dep’t 2010). DHCR directed to re-open rent overcharge proceedings to consider leases and other rent history that was first submitted by the owner to DHCR on a post petition application to the agency where the owner offered a credible explanation for not submitting the material earlier and the evidence demonstrated that there was likely no overcharge.
• 985-987 First Avenue LLC v. Aretakis, 25 Misc.3d 62 (App. T. 1^st Dep’t 2009). Recovered rent stabilized apartment from attorney on nonprimary residence grounds where documentary evidence connected him to an upstate residence owned by his wife notwithstanding his claims they maintained separate residences and that he used apartment for his law practice.  The court noted the absence of electrical usage and the tenant’s failure to seek enforcement of a court order directing the landlord supply a working refrigerator.
• Wassfam LLC v. Ude, 26 Misc.3d 90 (App. T. 1^st Dep’t 2009). Obtained a final judgment of possession against a tenant who was given a lease in a building subject to rent stabilization solely due to its receipt of J-51 benefits where the tax benefit had expired and the stipulation affording him tenancy rights erroneously prescribed that he would receive a rent stabilized lease.
• 315 E. 72^nd Street Owners Inc. v. Siegel, 22 Misc.3d 10 (App. T. 1^st Dep’t 2008). Succession rights denied to the grandson of a deceased rent stabilized tenant where the grandson had resided with his parents in Florida, returned to New York prior to commencing college in New York, resided in campus housing while in college and stayed in his grandmother’s apartment shortly before starting college and during breaks and occasional weekends.
• 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 was removable as a nuisance.
• 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.
• 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.
• 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).  Held that a Tenant’s business judgment in failing to timely exercise lease renewal clause in lease was not excusable.
• Ridges & Spots Realty Corp. v. Edward,  4 Misc. 3d 130 (A) (App. T. 1st Dep’t 2004) – Dismissed a challenge to deregulated rent based upon 1997 Rent Regulation Reform Act.
• 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.
• Eighteen Assocs. LLC v. Nanjim Leasing Corp., 297 A.D.2d 358 (2d Dep’t 2002). Held that subtenants of commercial space not in direct privity with the owner were nevertheless responsible for the payment of use and occupancy.
• 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.
• 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.
• East 145 Co. v. Benayoun, 190 Misc. 2d 164 (App. T. 1st Dep’t 2001).  Determined that a landlord’s commencement of proceeding based on breach of no pet clause was not retaliation for tenant’s commencement of personal injury suit against landlord.
• 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.
• 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.
• Graubard Mollen, et al, v. 600 Third Avenue Associates, 93 N.Y.2d 508 (1999).  Detailed the scope and nature of “Yellowstone” Injunctive Relief and obtained more than $500,000.00 in interest for client on late rental payments. 
• 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.
• 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.
  
• 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.
• 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.
• 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.
• 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.
• 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.
• Cyline Properties Co. v. Rubin, NYLJ February 15, 1994 p. 28 col. 4 (App. T. 1st Dep’t) – First Appellate ruling holding that a nonprimary residence case may be maintained against nonpurchasing rent regulated tenant under a noneviction cooperative conversion plan.
• 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.
• 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.
• 61 W. 62 Owners Corp. v. Harkness Apartment Owners Corp., 173 A.D.2d 372 (1st Dep’t 1991).  Established that a owner may recover possession if a tenant fails to pay court ordered use and occupancy as condition to a “Yellowstone” injunction.
• Briar Hill Apartments Co. v. Teperman, 165 A.D.2d 519 (1st Dept’ 1991). Established criteria to determine non-primary residence issues.
• 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.
• Sohn v. Calderon, 78 N.Y.2d 755 (1991).  Established areas where administrative agencies have exclusive jurisdiction.
• 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.
• 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.
• 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.
• 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.