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Appellate Litigation

Given the broad array of topic areas covered by the Firm’s divisions, the Firm has an active and varied appellate practice before various Appellate Terms, the Appellate Division, First, Second and Third Departments, the New York State Court of Appeals and the United States Court of Appeals for the Second Circuit. Having prepared and argued hundreds of appeals, and with more than two hundred decisions having been officially reported, the Firm’s appeal division has established numerous favorable precedents in areas affecting property owners. The division has successfully argued several industry-wide precedent setting cases before the Court of Appeals. A small representative sampling of the Firm’s notable victories include:

  • Shoprite Supermarkets, Inc. v. Yonkers Plaza, 29 A.D.3d 564 (2d Dep’t 2006) First Appellate decision to detail requirements for Rent Demand and Notice to Cure.
  • Classic Realty LLC v. DHCR, 2NY3d 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 was not excusable.
  • Graubard Mollen, et. al. v. 600 Third Avenue Associates, 93 N.Y.2d 508 (1999). Detailed 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.
  • Holy Properties Ltd. v. Kenneth Cole Productions, Inc., 87 N.Y.2d 130 (1995). Reaffirmed that in a commercial setting, the landlord has no duty to mitigate damages.
  • 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.
  • Sullivan v. Brevard Assocs., 66 N.Y.2d 489 (1985). Seminal case defining “tenant” which led to enactment of the succession statute.

Click here to read about other notable decisions.

In addition, the attorneys in the Appeals Division have specialized expertise regarding all motion practice related to appellate litigation including stay motions and those for further leave to appeal.

For more information regarding appeals and the Appellate division, please contact:

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