Gruber, Paul N.
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Paul N. Gruber

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Practice Areas:

  • Appellate Litigation
  • Supreme Court Litigation
  • Administrative Law
  • Civil Court Litigation

Biography

Paul N. Gruber is a partner of the Firm in the Appeals Division. He has represented property owners in hundreds of appeals and related matters at all levels of appellate courts in New York in this area in more than thirty years of practice. He has received numerous favorable decisions from the appellate courts in diverse aspects of real estate litigation arising in summary proceedings, Supreme Court actions, real estate contracts and leases, rent regulation, foreclosure and loft regulation. He has also represented industry organizations as amici curiae in numerous cases before the Appellate Division and Court of Appeals.

Mr. Gruber has been a contributing author to Treiman’s Landlord and Tenant Monthly the Real Property Law Journal of the New York State Bar Association, the New York Times, Real Estate Weekly and other industry publications. He is also a presenter in Continuing Legal Education presentations sponsored by the New York County Lawyers’ Association and New York State Bar Association as well as Co-Chair of the Committee on Landlord and Tenant Proceedings for the New York State Bar Association. Mr. Gruber was appointed to the Task Force on the Housing Stability and Tenant Protection Act of 2019 of the New York State Bar Association Real Property Law Section.

Notable Decisions:

Dugan v. London Terrace Gardens, L.P., 186 A.D.3d 12 (1st Dep’t 2020) – precluded retroactive application of HSTPA to overcharge claims arising in a class action.

650 Realty Associates LLC v. Ovadiah, 65 Misc.3d 24 (App. T. 2d Dep’t 2019) and B.G.R. Realty LLC v. Stein, 66 Misc.3d 135(A) (App. T. 1st Dep’t 2019). Both cases held that the 2015 Rent Law did not serve to re-regulate apartments lawfully deregulated based upon a high rent vacancy under the 2011 Rent Law.

Gavrielov v. Unger Consulting Group Ltd, 173 A.D.3d 443 (1st Dep’t 2019)- Found that a corporate tenant who voluntarily sought to transfer its tenancy to a different corporation is not subject to the Rent Stabilization Law.

Goldwater v. Amicus Associates L.P., 168 A.D.3d 405 (1st Dep’t 2019)- Upheld the termination of a tenancy on primary residence grounds, of a residential tenant who deducted his rent as a business expense on a tax return filed by his S Corporation.

Matter of Lenox Hill Apts. Inc. v. DHCR, 161 A.D.3d 641 (1st Dep’t 2018)- DHCR directed to issue an order of deregulation and prohibited from reopening the matter where a tenant admitted income in excess of the deregulation threshold, but subsequently sought to produce amended tax returns.

Miggaccio v. DHCR, 161 A.D.3d 747 (2d Dep’t 2018)- Upheld determination directing DHCR to adjust rent controlled rent established in the 1960’s based upon unique and peculiar circumstances.

1621 St. Nicholas Owners v. Cruz, 146 A.D.3d 409 (1st Dep’t 2017)- obtained eviction of tenant who had extensive history of default in rent payments.

DDG Warren LLC v. Assouline Ritz 1, LLC-138 A.D.3d 539 (1st Dep’t 2016)-First Appellate Division decision to establish ability of court to award license fees, attorney’s fees and costs to adjacent property owners where an adjacent owner seeks access for developing a new building under RPAPL §881.

80-02 v. CM Realty Holding Corp., 123 A.D.3d 572 (2d Dep’t 2014) involved a claim for rent against the principal of a shell corporation that was dissolved by proclamation prior to the making of the lease. The Appellate Division held that the principal of the corporation was liable for the sums sought by the landlord.

Piller v. Marsam Realty 13th Avenue LLC – (October 23, 2013) Held that a prospective purchaser of two apartment buildings in Brooklyn was not entitled to specific performance of a letter of intent affording him the opportunity to enter into a purchase agreement and close on the properties by a date certain upon certain terms where the letter of intent did not include all the necessary terms of a contract for the sale of real property, where the purchaser continued to negotiate terms up to the day scheduled for closing and where funds were not available until after the day scheduled for closing.

104 West 27th Street Realty Inc. v. Lim. 11- A.D.3d 551 (1st Dep’t 2013)- Upheld judgment in excess of $400,000 against the guarantor of a commercial lease where there had been a change in the amount of space made after the guaranty was executed where guaranty was executed where guaranty stated it applied in the event the lease was modified.

Barton v. 270 St. Nicholas Avenue HDFC, 84 A.D.3d 696 (1st Dep’t 2011)- Upheld right of HDFC to continue operating as a rental property despite tenant’s wishing building to be converted to cooperative ownership.

Langham Mansions LLC v. DHCR- 76 A.D.3d 855 (1st Dep’t 2010)- DHCR determination denying MCI application annulled where agency failed to explain its departure from its prior precedent on the same issue.

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 non-primary 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.

315 E. 72nd 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.

Briar Hill Apartments Co. v. Teperman, 165 A.D.2d 519 (1st Dep’t 1991) Established criteria to determine non-primary residence issues.

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.

Education

  • New York Law School, New York, New York
    • J.D. - 1984
    • Honors: cum laude
  • Brooklyn College
    • B.A. - 1981
    • Honors: magna cum laude

Bar Admissions

  • New York, 1985
  • U.S. District Court Eastern District of New York, 1985
  • U.S. District Court Southern District of New York, 1985
  • U.S. Court of Appeals 2nd Circuit, 1985

Classes & Seminars

  • September 18, 2014 – Partner Paul N. Gruber spoke at The New York State Bar Association Real Property Law Section-Landlord and Tenant Proceedings and Committee. He presented on the topic “Recent Developments in Landlord and Tenant Law; Cases and Statutory Commentary”.
  • January 2020, July, 2020 and August 2019-Spoke at CLE, sponsored by the NYSBA on HSTPA.
  • Guest Lecturer, Touro Law School May 2020

Published Works

  • “AIRBNB AND NEW YORK LAW“, June/July 2019 edition of Mann Report Management
  • June 6, 2015 Partner Paul G https://www.borahgoldstein.com/wp-content/uploads/ruber was quoted in the “Ask Real Estate” column in “The New York Times”, in the segment ” Removing an Adult Son From a Rental“
  • May 2, 2015 – Partner Paul Gruber was quoted in the “Ask Real Estate” column in “The New York Times”, in the segment “ A Crowded One Bedroom“
  • “IN RE FORT WASHINGTON HOLDINGS, LLC, pet-res, v. MAURICE ABBOTT, res-res”, Paul N. Gruber’s recent decision is featured in the August 4, 2014, “New York Law Journal.”
  • ”Nephew Didn’t Prove Financial Ties”, August 2014 edition of Landlord v. Tenant. Paul N. Gruber’s recent decision is highlighted
  • “Deciding Whether to Try or Settle a Non-Payment Case“ Q&A with Paul Gruber

Professional Associations

  • New York County Lawyers' Association
  • New York State Bar Association

Current Employment Position

  • Partner