ATTORNEYS & EXECUTIVE STAFF

Jeffrey R. Metz
Attorney at Law

• Hooters of Manhattan, Ltd. v. 211 West 56 Associates, 857 N.Y.S.2d 112 (1st Dep't 2008), Reaffirms the validity of exculpatory clauses in commercial leases as well as the validity of a provision which shifts the obligation from landlord to tenant to obtain insurance for direct and indirect loss of earnings.
• Candida v. Salvation Army, Inc., 847 N.Y.S.2d 81 (1st Dep't 2007), Found that charitable institution which owned two buildings did not lose exemption from Rent Stabilization and was entitled to refuse to renew leases when it determined to sell the buildings to a for profit entity.
• Pinehurst Const. Corp. v. Schlesinger, 833 N.Y.S.2d 428 (1st Dep't 2007), In affirming judgment of possession based upon nuisance due to pounding of ceiling and screaming directed to tenant directly overhead, Appellate Division found that Notice of Termination was sufficiently detailed to allow tenant to prepare a defense even though it set forth no names of complainants or dates or specific instances of misconduct.
• Novita LLC v. 307 West Restaurant Corp., 828 N.Y.S.2d 5 (1st Dep't 2006), Where tenant looked to avoid damages for removing a load-bearing wall by claiming that three-year statute of limitations for negligence was controlling and matter was therefore time-barred, successfully argued that six year statute of limitation applied because claim was for a breach of contract for property damages.
• Shoprite Supermarkets, Inc. v. Yonkers Plaza Shopping, LLC, 817 N.Y.S.2d 291 (2d Dep't 2006), First Appellate Division opinion to detail what constitutes a proper demand for rent and a proper notice to cure in a commercial setting.
• Whaling Willie's Roadhouse Grill, Inc. v. Sea Gulls Partners, 793 N.Y.S.2d 124 (2d Dep't 2005), Successfully argued that court abused discretion by ordering commercial tenant, which alleged it had been partially actually evicted due to new building blocking certain parking areas it was entitled to under lease, to deposit the full amount of all past and future rent into court while case was pending.
• Chang v. SDI Intern, Inc., 15 A.D.3d 520 (2d Dep't 2005), Demonstrated to court that plaintiffs' request for turn-over of corporation's tax returns and other sensitive financial information was inappropriate and should be subject to protective order.
• Classic Realty LLC v. DHCR, 777 N.Y.S.2d 1, TLC Luxury Decontrol 22 (2004), Demonstrated to Court of Appeals that in a luxury decontrol proceeding where tenant was found to be over-income and subject to deregulation that DHCR's comment period could not be used to submit an amended tax return in order to bring the tenant's income under the statutory threshold for deregulation.
• Nobu Next Door LLC v. Fine Arts Housing, Inc., 771 N.Y.S.2d 76 (1st Dep't), Where lease required tenant not to be in default at time of renewal of lease, and tenant made choice to defer maintenance to maintain an exhaust stack, demonstrated to Appellate Division that tenant was not entitled to Yellowstone and injunctive relief tolling period to exercise renewal option. Decision was subsequently appealed to Court of Appeals where order was affirmed. See 4 N.Y. 3d 839 (2005).
• SRM Card Shop, Inc. v. 1740 Broadway Associates, L.P., 769 N.Y.S.2d 483, TLC Actual Partial Eviction 1, TLC Agents 1 (1st Dep't 2003), Where evidence tended to show a partial actual eviction (relieving commercial tenant from paying rent for the remainder of a commercial lease) due to landlord's destruction of a portion of the tenant's storage space in exchange for other space, convinced Appellate Division that the tenant had acquiesced in the space substitution thereby saving landlord approximately one million dollars over the remaining term of the lease.
• Domen Holding Co. v. Aranovich, 769 N.Y.S.2d 785, TLC Nuisance 2, TLC Termination Notices 16 (2003), Submitted amicus curiae brief on behalf of the Rent Stabilization Association leading to holding that Notice of Termination was sufficiently detailed to support ejectment action sounding in nuisance.
• Gulotta v. Ippolito, 745 N.Y.S2d 439 (2d Dep't 2002), Reaffirming that when proposed purchaser fails to obtain mortgage loan commitment in time specified in the contract, owner can rightfully exercise option to cancel the contract.
• Sessler v. DHCR, 722 N.Y.S.2d 864 (1st Dep't 2001), Affirmed that the 4 year rule applies to rent overcharge proceedings before DHCR.
• East 145 Co. v. Benayoun, 736 N.Y.S.2d 830 (Appt. T. 1st Dep't 2001), Held that prosecution of a no-pet holdover proceeding after the tenant settled a negligence action brought against the landlord due to injuries sustained by the tenant's son in the apartment was not retaliatory in nature.
• Paganuzzi v. Primrose Mgmt. Co., 701 N.Y.S.2d 350 (1st Dep't 2000), Reaffirmed that when landlord brings an unsuccessful Article 78 proceeding to challenge a fair market rent appeal, tenant may not collect legal fees pursuant to RPL 234.
• Eighteen Associates, LLC v. Nanjim Leasing Corp., 683 N.Y.S.2d 291 (2d Dep't 1999), Found that the absence of privity of contract presents no bar to a landlord obtaining use and occupancy from former sublessees of a commercial space. Subtenants claimed they had no liability because they were not parties to the lease between the owner and its tenant.
• Avon Bard Co. v. Aquarian Foundation, 688 N.Y.S.2d 514 (1st Dep't 1999), Absent a designated beneficiary clause, corporate tenant in a residential apartment is a non-primary resident and therefore unable to demand a renewal lease.
• Rose Associates v. Lenox Hill Hospital, 695 N.Y.S.2d 1 (1st Dep't 1999), Obtained more than two million dollars in use and occupancy arrears from holdover hospital tenant.
• Graubard Mollen, et. Al. v. 600 Third Avenue Associates, 693 N.Y.S.2d 91 (1999), Seminal case detailing the scope and nature of Yellowstone Injunctive Relief found that deposit of rent into escrow as condition of obtaining Yellowstone relief did not relieve tenant from the obligation to pay interest on the rent arrears pursuant to lease. Tenant thus required to pay several hundreds of thousands of dollars in interest.
• Nick v. DHCR, 664 N.Y.S.2d 777 (1st Dep't 1997), Early luxury decontrol case which found that owner entitled to an order of deregulation upon tenant's default and that luxury decontrol provisions of the Rent Stabilization Law do not violate due process or equal protection guarantees.
• Graubard Mollen, et. Al. v. 600 Third Avenue Associates, 650 N.Y.S.2d 207 (1st Dep't 1996), Held that monetary conditions for grant of Yellowstone injunction could be modified to grant a landlord greater relief upon a proper showing.
• Holy Properties Ltd.,L.P. v. Kenneth Cole Productions, Inc., 637 N.Y.S.2d 964, TLC Mitigation 1 (1995), Critical commercial decision continuing the New York rule that a landlord has no duty to mitigate its damages when a tenant leaves it premises prior to the expiration of its lease.
• Cox v. J.D. Realty Associates, 637 N.Y.S.2d 27 (1st Dep't 1995), Established that the Civil Court, rather than the Supreme Court, is the proper forum to resolve apartment succession disputes.
• Baer v. Lipson, 599 N.Y.S.2d 618 (2d Dep't 1993), Tenant waived jurisdictional claim of lack of jurisdiction when, after judgment was entered against him on default, his attorney moved to vacate default but did not assert jurisdictional defense.
• Briar Hill Apartments Co. v. Teperman, 568 N.Y.S.2d 50 (1st Dept' 1991), Established criteria to determine non-primary residence issues.
• 61 W. 62 Owners Corp. v. Harkness Apartment Owners Corp., 570 N.Y.S.2d 8 (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.
• Sohn v. Calderon, 579 N.Y.S.2d 940 (1991), Established areas where administrative agencies have exclusive jurisdiction.
• Kimble v. Windsor Plaza Co., 512 N.Y.S.2d 811 (1st Dep't 1987), Established that attorney's fees must be proven by means of an adversarial hearing.
• 829 Seventh Avenue Co. v. Reider, 502 N.Y.S.2d 715, TLC Family 15 (1986), Expounded on the living with requirement for Rent Controlled Succession rights.
• Sullivan v. Brevard Associates, 498 N.Y.S.2d 96 (1985), Seminal case defining tenant that led to enactment of the succession status.