Joseph I. Farca
Joseph I. Farca is a partner in the Firm’s Supreme Court Division. He has broad experience in commercial real estate litigation in state and federal courts, with a practice that ranges from summary proceedings in New York City Civil Court, to complex real property and contract disputes in New York State Supreme Court and the United States District and Bankruptcy Courts. Mr. Farca’s practice includes breach of contract actions, ejectment actions, construction claims and disputes, lien law disputes, foreclosures, fraud actions, actions to rescind or to reform a lease, Article 78 proceedings, and actions for declaratory and injunctive relief, including Yellowstone applications.
Mr. Farca is a member of the Real Property Law Section and the Landlord and Tenant Proceedings Committee of the New York State Bar Association, and of the State Court of Superior Jurisdiction Committee of the New York City Bar Association. He also a member of the Board of Editors of the Law Journal’s Commercial Leasing Law & Strategy newsletter.
- Fordham University School of Law, J.D. – 1995
- Columbia University, B.A. – 1991
- New York – 1996
- U.S. District Court, Eastern District – 1996
- U.S. District Court, Southern District – 1996
- New York State Bar Association, Real Property Landlord/Tenant Proceedings Committee
- New York City Bar Association, State Court of Superior Jurisdiction Committee
Yellowstone injunctions are routinely granted to avoid forfeiture of a commercial tenant’s interest prior to a determination of the merits, where the tenant demonstrates the existence of a commercial lease, receipt of a notice of default, a timely application for a temporary restraining order and the desire and ability to cure the alleged default. However, courts have held that a tenant faced with a notice to cure for failure to maintain insurance is not entitled to a Yellowstone injunction because such a default is not curable. As the Supreme Court, Queens County, recently, explained in NY Great Stone Inc. v. Two Fulton Square LLC, a case handled by Partner Joseph Farca a failure to maintain insurance is not a curable default because a prospective insurance policy does not protect a landlord against unknown claims that might arise during the period in which no coverage existed.
- “Fees on Fees” by Joseph I. Farca, New York Law Journal, September 1, 2019.
- “’Sophisticated’ Losers“, by Joseph I. Farca, New York Law Journal, March 1, 2019.
- “Expediting Recovery of Accelerated Rents From Commercial Lease Guarantor“, September 2017, New York Law Journal
- ” Recent Decision Limits Liability of Condo Sponsor’s Principal”, August 2017, New York Law Journal