Jeffrey Metz, Chief of Adam Leitman Bailey, P.C.’s Appellate Bureau and partner since 2009, has participated in several of the most important New York real estate decisions in the past forty years. Mr. Metz has prepared and argued in excess of four hundred appeals, approximately three hundred and fifty of which have been officially reported. In addition to appearing before the New York State Court of Appeals, the Appellate Division (First, Second, and Third Departments), various Appellate Terms, the United States Court of Appeals for the Second Circuit, and the New York State Supreme, Civil, and Housing Courts, Mr. Metz’s practice includes complex motion practice in real property and real estate disputes involving both residential and commercial matters. Some of Mr. Metz’s more notable cases appear below:
-
Appellate Division Second Department Awards Lender $1.4 Million And Secures Foreclosure and Sale
Appellate Division Second Department Awards Lender $1.4 Million And Secures Foreclosure and Sale
A lender retained Adam Leitman Bailey, P.C. to handle an appeal in the Second Department in a foreclosure action. The lender’s action was dismissed at an inquest when the lower Court determined that the limited power of attorney entered into between the lender and its servicer was “void and ineffectual.” In that action, the Court had granted summary judgment in favor of the lender. Normally, in a foreclosure action, the Court would then send the matter to a referee to...
Read More -
Adam Leitman Bailey Establishes New Law at the Appellate Division, Holding That a Board Cannot Discriminate Against a Buyer or Seller Based Solely on Sales Price
Adam Leitman Bailey Establishes New Law at the Appellate Division, Holding That a Board Cannot Discriminate Against a Buyer or Seller Based Solely on Sales Price
Adam Leitman Bailey, P.C., was retained to represent an elderly couple who wished to sell their cooperative in Manhattan so that the husband could receive treatment elsewhere. While the couple found a buyer willing to purchase the unit for its fair market value, the application was rejected by the cooperative board because it has set an unwritten policy setting a minimum sale price floor. After the unit remained on the market for an extended period of time, the couple brought...
Read More -
Adam Leitman Bailey, P.C. Secures the First Ever Victory Before the Appellate Division Regarding a Title Insurer’s Obligation to Defend After the Mortgage it Insured is Subsumed into a CEMA
Adam Leitman Bailey, P.C. Secures the First Ever Victory Before the Appellate Division Regarding a Title Insurer’s Obligation to Defend After the Mortgage it Insured is Subsumed into a CEMA
A Consolidation, Extension and Modification Agreement (“CEMA”) is an often-employed vehicle to essentially refinance a mortgage without having to pay the mortgage tax for the full amount of the refinance, as you are only paying mortgage taxes on the “new money”. Adam Leitman Bailey, P.C. represented the insurer of the initial mortgage for $1,995,000. That mortgage and a gap mortgage for $1,005,000 was then consolidated into a CEMA for $3,000,000. A second title company insured the CEMA for the full...
Read More -
Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election
Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election
Adam Leitman Bailey, P.C., secured a major victory for an incoming Cooperative Board defending against the former board president’s demands for a preliminary injunction to halt certification of election results in which she was ousted. After oral argument before the Queens County Supreme Court on the hotly contested dispute, the Court agreed with Adam Leitman Bailey, P.C. and denied the plaintiff’s requests for preliminary injunctive relief in their entirety. After years of mismanagement and failure to hold annual elections for...
Read More -
Adam Leitman Bailey, P.C. Prevails in the Appellate Division by Successfully Defending Against Claim that its Client’s Complaint Should Have Been Stricken
Adam Leitman Bailey, P.C. Prevails in the Appellate Division by Successfully Defending Against Claim that its Client’s Complaint Should Have Been Stricken
In a heavily litigated foreclosure action that has had multiple motions and appeals, the borrower appealed from a decision of the Court that denied her motion to dismiss Plaintiff’s complaint pursuant to CPLR § 3126(c). The borrower argued that Plaintiff failed to comply with her discovery demands and dismissal of the complaint was warranted. Plaintiff opposed borrower’s application and cross-moved for a protective order, contending that the demands were wholly immaterial to the issues of the case. The Supreme Court...
Read More -
Adam Leitman Bailey, P.C. Prevails at Making New Law as Appellate Division Finds Second Sponsor Not Liable For Condominium Building Defects
Adam Leitman Bailey, P.C. Prevails at Making New Law as Appellate Division Finds Second Sponsor Not Liable For Condominium Building Defects
COURT LETS FORTIS OFF HOOK FOR WILLIAMSBURG CONDO DEFECTS Developer wins argument that shoddy workmanship is board’s problem now. In a dispute between the Board of a condominium and the Sponsor of a condominium who acquired several condo units following a Chapter 11 Bankruptcy of the original sponsor, the Board brought suit alleging breach of contract for damages and defects within the condominium existing prior to the original sponsor declaring bankruptcy. The alleged defects included flooding, poor wiring, HVAC issues,...
Read More -
Adam Leitman Bailey, P.C. Secures Landmark Decision for Title Insurer Establishing New Precedent Regarding a Title Insurers’ Obligations Related to Consolidated Mortgages
Adam Leitman Bailey, P.C. Secures Landmark Decision for Title Insurer Establishing New Precedent Regarding a Title Insurers’ Obligations Related to Consolidated Mortgages
Adam Leitman Bailey, P.C. was retained to defend a title insurer in an action where the lender sought declaratory judgment that a title insurance policy remained in full force and effect. The title insurer issued a title insurance policy in connection with a mortgage in the amount of $1,995,000.00. That mortgage was assigned twice. Thereafter, a Gap Mortgage in the amount of $1,005,000.00 was issued, and then consolidated with the original mortgage to form a single lien in the amount...
Read More -
Adam Leitman Bailey, P.C. Preserves Six Million Dollars In Loans Made by Its Client
Adam Leitman Bailey, P.C. Preserves Six Million Dollars In Loans Made by Its Client
When the managing member of three real estate LLCs sought to refinance the existing senior debt, Adam Leitman Bailey, P.C.’s client made loans totaling approximately six million dollars. There was also a mezzanine lender, whose agreement with the holding company for the LLCs, required its written permission for an activity such as a refinance. None was provided. Once the LLCs received and distributed the loan proceeds, the existing debt was retired, but the remainder, approximately 1.6 million dollars, went missing....
Read More -
Adam Leitman Bailey, P.C. Received a Rare Injunction Stopping the Foreclosure Auction, Forcing the Sponsor to Abide by the Settlement Agreement Ensuring Millions Paid, and Both Condominium Unit and Numerous Parking Spaces at No Charge
Adam Leitman Bailey, P.C. Received a Rare Injunction Stopping the Foreclosure Auction, Forcing the Sponsor to Abide by the Settlement Agreement Ensuring Millions Paid, and Both Condominium Unit and Numerous Parking Spaces at No Charge
In 2018, Adam Leitman Bailey, P.C. was retained by a group of unit owners at a new construction condominium in Williamsburg, Brooklyn. The new building was advertised as a luxury condominium, and encompassed an entire block, with over 200 units consisting of one to three-bedroom units, duplexes, lofts, penthouses, and townhomes. On paper, the building sounded like paradise. In reality, however, the building was plagued with construction defects and shoddy workmanship from the start. Shortly after moving in, residents quickly...
Read More -
Adam Leitman Bailey, P.C. Wins Case of First Impression Regarding an Attorney’s Ability to Zealously Represent a Client Without Fear of Reprisal from the Client’s Adversary
Adam Leitman Bailey, P.C. Wins Case of First Impression Regarding an Attorney’s Ability to Zealously Represent a Client Without Fear of Reprisal from the Client’s Adversary
In a case which personally affected Mr. Bailey and the members of his firm, a disgruntled developer attempted to have Mr. Bailey abandon his client—the lone tenant in a building which the developer sought to turn into luxury condominiums—by suing Mr. Bailey and the firm for $25,000,000.00 in damages for alleged abuse of process and tortious interference with prospective economic interest. The suit claimed that Mr. Bailey waged a media campaign in an effort to portray the developer in a...
Read More -
A Street Fight in the Bronx over Land–Italians v. Irish. Then the Court Case over Who Gets To Use the Land–and a Winner.
A Street Fight in the Bronx over Land–Italians v. Irish. Then the Court Case over Who Gets To Use the Land–and a Winner.
This matter came to Adam Leitman Bailey, P.C. (ALBPC) at the beginning of 2017. The resulting decision issued by the Appellate Division on March 9, 2023 – six years later – shows how dogged investigation was important to finding the evidence necessary to persuade both the trial court and the appellate court to rule in favor of ALBPC’s client. Close Avenue is a mapped but unopened and unpaved, one-block-long street in the Bronx, running north-south between Bruckner Boulevard and Storey...
Read More -
Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
Since the surge of tenant class action rent overcharge cases began circa 2017, Adam Leitman Bailey, P.C., has defended a number of the targeted NYC building owners who participated in the J-51 tax exemption and abatement program and did not, for one reason or another, immediately re-regulate units after the 2009 Court of Appeals decision in Roberts v. Tishman Speyer Props., L.P. The tenant advocacy group behind these lawsuits seeks not just a roll back of rent to the rates...
Read More -
Adam Leitman Bailey, P.C. Succeeds on Appeal by Overturning an Order Dismissing a Foreclosure Action and Tolling Interest
Adam Leitman Bailey, P.C. Succeeds on Appeal by Overturning an Order Dismissing a Foreclosure Action and Tolling Interest
In 2011, the lender commenced a foreclosure action against the borrower. The lender ultimately moved for Summary Judgment and an Order of Reference, in response to which the borrower cross-moved for dismissal alleging that the lender lacked the capacity to sue in New York because the lender was not authorized to do business within the state. In a devastating Decision and Order against the lender, the Court dismissed the complaint on the grounds that the lender did not have the...
Read More -
Realty Law Digest
Realty Law Digest
New York Law JournalContracts—Statute of Frauds—Oral Contract for Purchase of Home Governed by General Obligations Law §5-703—Plaintiffs May Pursue Claim for Specific Performance Based on Part Performance Exception This decision involved an action for a specific performance of a contract for the sale of real property. The plaintiffs appealed from a trial court order which, in so far as appealed from, granted those portions of the defendant’s motion pursuant to CPLR 3211(a)(5) to dismiss the first, third, fourth, and fifth causes of action...
Read More -
Adam Leitman Bailey, P.C. Protects Homeowner’s Claim to Adverse Possession of Common Driveway
Adam Leitman Bailey, P.C. Protects Homeowner’s Claim to Adverse Possession of Common Driveway
In a victory for a Brooklyn homeowner, Adam Leitman Bailey, P.C. secured an appellate victory that allows the homeowner to pursue his claim that his family’s 30 years of exclusive use of a common driveway between his house and his neighbors gave him permanent rights in the driveway. When two Bay Ridge homes were built in the 1920s, they shared a common driveway to access the garages that were then in their back yards, and documented their mutual access to...
Read More -
Adam Leitman Bailey, P.C. Protects Foreclosure Purchaser and Clarifies Intervention Question
Adam Leitman Bailey, P.C. Protects Foreclosure Purchaser and Clarifies Intervention Question
After a property is sold at a foreclosure sale, the foreclosed owner will frequently move to vacate the foreclosure, claiming that it did not receive proper notice. In a case decided by the Appellate Division, First Department, Adam Leitman Bailey, P.C. successfully defended the purchaser of a development site in the Bronx in a tax lien foreclosure. The foreclosure was brought by a New York City Tax Lien Trust, which served the limited liability company property owner through the New...
Read More -
Lawrence Kingsley v. 300 W. 106th St. Corp
Lawrence Kingsley v. 300 W. 106th St. Corp
Friedman, J.P., Sweeny, Gische, Mazzarelli, Gesmer, JJ. 6778- Index 162016/15 6778A- 6778B- 6778C & M-2402 Lawrence Kingsley, Plaintiff-Appellant, -against- 300 W. 106th St. Corp., Defendant-Respondent. – – – – – [And a Third-Party Action] _____________________ Lawrence Kingsley, appellant pro se. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondent. _____________________ Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about July 6, 2016, which granted defendant’s motion for outstanding use and occupancy from...
Read More -
Landlord-Tenant—Succession—Income Affidavit Is Not Conclusive Evidence
Landlord-Tenant—Succession—Income Affidavit Is Not Conclusive Evidence
New York Law JournalA trial court denied a petition to annul a determination by the NYC Dep’t of Housing Preservation and Development (HPD), which had denied the petitioner’s claim for succession rights to the subject apartment and dismissed the subject Art. 78 proceeding. The Appellate Division (court) affirmed. The petitioner cited his inclusion on his father’s income affidavits which had been submitted to HPD. The court explained, however, that such income affidavits do not “establish his entitlement to succession rights as a matter...
Read More -
Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgment at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure
Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgment at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure
In Emigrant Bank v. Luigi Rosabianca, et. al, Index No. 850136/2014, Supreme Court, New York County, the parents of an infamous and now disbarred real estate lawyer, Luigi Rosabianca, (the “Parents”) defaulted in a civil action to foreclose on their residence, by failing to submit an answer responding to a complaint brought by our lender client. They were shown to have both constructive and actual notice of this pending litigation. Adam Leitman Bailey, P.C. moved for a default judgment. The...
Read More -
Stillwell Cafe v. 1680 Eastchester Realty Corp.
Stillwell Cafe v. 1680 Eastchester Realty Corp.
Stillwell Café v 1680 Eastchester Realty Corp Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels, Feinman, JJ. 2587N Index 21236/13E Stillwell Cafe, Inc., et al., Plaintiffs-Appellants, -against- 1680 Eastchester Realty Corp., Defendant – Respondent. Trivella & Forte, LLP, White Plains (Arthur J. Muller III of counsel), for appellants. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondent. Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 21, 2015, which granted defendant’s...
Read More -
Deutsche Bank National Trust Company, etc. v. Frank A. Romano
Deutsche Bank National Trust Company, etc. v. Frank A. Romano
Deutsche Bank National Trust Company, etc., respondent, v Frank A. Romano, appellant, et al., defendants. (Index No. 33230/11) Katerina N. Arvanitakis, Bayside, NY, for appellant. Adam Leitman Bailey, P.C., New York, NY (Jeffrey R. Metz of counsel), for respondent. In an action to foreclose amortgage, the defendant FrankA.Romano appeals (1) from an order of the SupremeCourt, Suffolk County (Spinner, J.), dated May 13, 2014, and (2), as limited by his brief, from so much of an order of the same...
Read More -
Adam Leitman Bailey, P.C. Protects U.S. Bank, N.A.’s Mortgage from a Condominium Common Charge Lien Foreclosure Sale and the Second Department Affirms
Adam Leitman Bailey, P.C. Protects U.S. Bank, N.A.’s Mortgage from a Condominium Common Charge Lien Foreclosure Sale and the Second Department Affirms
In Bd. of Mgrs. of Regent’s Park Gardens Condominium v. US Bank, N.A., et. al., a Decision and Order was both won in the lower court and then affirmed on appeal by the Second Department in favor of U.S. Bank, N.A., defeating a motion, brought by the high bidder of property in Queens at a common charge lien foreclosure sale, seeking to extinguish U.S. Bank’s mortgage, despite it being the first open mortgage of record. ...
Read More -
Adam Leitman Bailey, P.C. Reaffirms That a Time of the Essence Letter Must Detail the Consequences of a Failing to Appear at the Closing
Adam Leitman Bailey, P.C. Reaffirms That a Time of the Essence Letter Must Detail the Consequences of a Failing to Appear at the Closing
Supreme Court, Appellate Division, Second Department, New York. Ben NEHMADI, appellant-respondent, v. E. William DAVIS, respondent-appellant. May 23, 2012. Background: Purchaser brought action for specific performance of contract for sale of real property. Vendor moved for judgment on counterclaim that purchaser was in default and that vendor was entitled to retain down payment and for summary judgment. The Supreme Court, Nassau County, McCarty III, J., denied purchaser’s motion for leave to amend the complaint, denied vendor’s motion for summary judgment,...
Read More -
Conlon v. Conlon
Conlon v. Conlon
Supreme Court, Appellate Division, Second Department, New York. Thomas F. CONLON, appellant, – against – James C. CONLON, et al., respondents, et al., defendant. Aug. 13, 2014. Caruso Caruso & Branda, Brooklyn, N.Y. (Mark J. Caruso of counsel), for appellant. Adam Leitman Bailey, P.C., New York, N.Y. (Jeffrey R. Metz and Valdimir Mironenko of counsel), for respondents. In an action, inter alia, to set aside a deed dated August 9, 1996, on the ground of fraud, the plaintiff appeals (1)...
Read More -
Echevarria v. Wambua
Echevarria v. Wambua
Decided on April 1, 2014 Mazzarelli, J.P., Sweeny, Andrias, Manzanet-Daniels, Kapnick, JJ. 12112 103396/12 [*1]In re Alicia Echevarria, Petitioner-Respondent, v Matthew M. Wambua, etc., Respondent-Respondent, East Midtown Plaza Housing Company, et al., Respondents-Appellants. Abrams Garfinkel Margolis Bergson, LLP, New York (Andrew W. Gefell of counsel), for East Midtown Plaza Housing Company, appellant. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for Mark Andermanis and Sandra Andermanis, appellants. Kevin J. Smith, New York, for Alicia Echevarria, respondent. Michael...
Read More -
Adam Leitman Bailey, P.C. Successfully Defends Owner of Building, Shows That the Purchaser Was Unable to Sustain Claims of Fraudulent Inducement, Fraud, and Promissory Estoppel
Adam Leitman Bailey, P.C. Successfully Defends Owner of Building, Shows That the Purchaser Was Unable to Sustain Claims of Fraudulent Inducement, Fraud, and Promissory Estoppel
— N.Y.S.2d —-, 2013 WL 2347542 (N.Y.A.D. 1 Dept.), 2013 N.Y. Slip Op. 03913 (Cite as: 2013 WL 2347542 (N.Y.A.D. 1 Dept.)) Supreme Court, Appellate Division, First Department, New York. B & C REALTY, CO., Plaintiff–Appellant, v. 159 [Redacted] PROPERTIES LLC, et al., Defend-ants–Respondents. May 30, 2013. Goldberg Weprin Finkel Goldstein LLP, New York (Matthew E. Hearle of counsel), for appellant. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondents. GONZALEZ, P.J., MAZZARELLI, MOSKOWITZ, RENWICK, MANZANET–DANIELS,...
Read More -
East 51st Street Crane Collapse Litigation v. East 51st Street Development Company, LLC
East 51st Street Crane Collapse Litigation v. East 51st Street Development Company, LLC
Matter of East 51st St. Crane Collapse Litig. 106 A.D.3d 473, 966 N.Y.S.2d 373 NY,2013. 106 A.D.3d 473, 966 N.Y.S.2d 373, 2013 WL 1908683, 2013 N.Y. Slip Op. 03408 In the Matter of East 51st Street Crane Collapse Litigation. Jean Squeri, Respondent v East 51st Street Development Company, LLC, et al., Appellants, et al., Defendants. East 51st Street Development Company, LLC, Third-Party Plaintiff-Appellant, v Consolidated Edison Company of New York, Inc., et al., Third-Party Defendants, and Liftex Corporation, Third-Party Defendant-Respondent....
Read More -
184 Thompson St. Owner LLC
184 Thompson St. Owner LLC
Wifb w. 106 A.D.3d 542 106 A.D.3d 542 (Cite as: 106 A.D.3d 542, 965 N.Y.S.2d 114) v 184 Thompson St. Owner LLC 106 A.D.3d 542, 965 N.Y.S.2d 114 NY,2013. 106 A.D.3d 542, 965 N.Y.S.2d 114, 2013 WL 2096432, 2013 N.Y. Slip Op. 03574 Appellant v 184 Thompson Street Owner LLC, et al., Respondents. Supreme Court, Appellate Division, First Department, New York May 16, 2013 CITE TITLE AS: v 184 Thompson St. Owner LLC HEADNOTE Condominiums and Cooperatives Offering Plan Method...
Read More -
Adam Leitman Bailey, P.C. Achieves Winning Settlement on Behalf of Co-op Sellers in Landmark Housing Discrimination Case
Adam Leitman Bailey, P.C. Achieves Winning Settlement on Behalf of Co-op Sellers in Landmark Housing Discrimination Case
Client v Stewart Tenants Corp. 93 A.D.3d 550, 940 N.Y.S.2d 600 NY,2012. 93 A.D.3d 550, 940 N.Y.S.2d 600, 2012 WL 952410, 2012 N.Y. Slip Op. 02156 [redacted]Respondents-Appellants v Stewart Tenants Corporation, Appellant- Respondent, et al., Defendants. Supreme Court, Appellate Division, First Department, New York March 22, 2012 HEADNOTES Condominiums and Cooperatives Board of Directors Business Judgment Rule Civil Rights Discrimination in Housing Age and National Origin—Human Rights Law—Punitive Damages Civil Rights Discrimination in Housing Age and National Origin—Federal Fair Housing...
Read More -
Fort Washington Holdings, LLC v. Maurice Abbott
Fort Washington Holdings, LLC v. Maurice Abbott
Fort Washington Holdings, LLC v Maurice Abbott
Read More -
Hartman v. Goldman
Hartman v. Goldman
Decided on May 3, 2011 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT JOSEPH COVELLO, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON SHERI S. ROMAN, JJ. 2010-04447 (Index No. 8003/09) Scott Hartman, et al., appellants, v Dorian Goldman, respondent. Robert I. Eber, Tarrytown, N.Y., for appellants. Adam Leitman Bailey, P.C. (John M. Desiderio and Jeffrey R. Metz of counsel), for respondent. DECISION & ORDER In an action, inter alia, for a judgment declaring that...
Read More -
211-06 Merrick Blvd. Associates LLC v. Crescent Electric Acquisition Corp.
211-06 Merrick Blvd. Associates LLC v. Crescent Electric Acquisition Corp.
221-06 Merrick Blvd. Associates LLC v. Crescent Electric Acquisition Corp. Before: Pesce, P.J., Golia and Rios, JJ. APPELLATE TERM Jeffrey R. Metz, Esq., New York, New York Burton R. Ross, Esq., Jaffe, Ross & Light LLP, New York, New York DECIDED Appeal from a final judgment of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered March 31, 2008. The final judgment, after a nonjury trial, dismissed the petition in a holdover...
Read More -
Lorne v. 50 Madison Avenue, LLC
Lorne v. 50 Madison Avenue, LLC
65 A.D.3d 879 (Cite as: 65 A.D.3d 879, 886 N.Y.S.2d 1) Lorne v. 50 Madison Ave. LLC 65 A.D.3d 879, 886 N.Y.S.2d 1 NY,2009. 65 A.D.3d 879886 N.Y.S.2d 1, 2009 WL 2851987, 2009 N.Y. Slip Op. 06381 Simon Lorne et al., Respondents v 50 Madison Avenue LLC et al., Respondents, and Board of Managers et al., Appellants, et al., Defendants. Supreme Court, Appellate Division, First Department, New York September 8, 2009 CITE TITLE AS: Lorne v 50 Madison Ave. LLC...
Read More -
Chan v. Shew Foo Chin Appellate Division
Chan v. Shew Foo Chin Appellate Division
Chan v Shew Foo Chin 2009 NY Slip Op 03771 Decided on May 12, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on May 12, 2009 Gonzalez, P.J., Catterson, Richter, Abdus-Salaam, JJ. 525 106692/05 [*1]Miriam Chan, et al., Plaintiffs-Appellants, v Shew Foo Chin, et al., Defendants-Respondents. Hofheimer, Gartlir & Gross, LLP, New York (David...
Read More -
Pacific Carlton Development Corp. v. 752 Pacific, LLC.
Pacific Carlton Development Corp. v. 752 Pacific, LLC.
62 A.D.3d 677 (2nd Dept. 2009) Found that a cause of action for tortious interference with contractual relations brought against individual defendants could be based upon their actions as corporate officer.
Read More -
Chang v. SDI Intern, Inc.
Chang v. SDI Intern, Inc.
15 A.D.3d 520 (2d Dep’t 2005) Demonstrated to court that the plaintiffs’ request for turn-over of corporation’s tax returns and other sensitive financial information was inappropriate and should be subject to protective order.
Read More -
Classic Realty v. New York State Division of Housing & Community Renewal
Classic Realty v. New York State Division of Housing & Community Renewal
In the Matter of Classic Realty LLC, as Agent for RAM I LLC, Appellant v New York State Division of Housing and Community Renewal, Respondent Court of Appeals of New York Argued February 12, 2004 Decided March 30, 2004 CITE TITLE AS: Matter of Classic Realty v New York State Div. of Hous. & Community Renewal SUMMARY Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 7, 2003. The Appellate...
Read More -
Eighteen Associates, LLC v. Nanjim Leasing Corp.
Eighteen Associates, LLC v. Nanjim Leasing Corp.
Eighteen Associates, L. L. C., Respondent, v Nanjim Leasing Corp. et al., Defendants, and Mar- tin R. Kramer et al., Appellants. Supreme Court, Appellate Division, Second Department, New York (January 11, 1999) CITE TITLE AS: Eighteen Assoc. v Nanjim Leasing Corp. In an action, inter alia, to recover damages for use and occupancy of a commercial building, the de- fendants Martin R. Kramer, Morton A. Schwab, and Mark A. Stofsky appeal from so much of an order of the Supreme...
Read More -
Graubard Mollen, et al. v. 600 Third Avenue Associates
Graubard Mollen, et al. v. 600 Third Avenue Associates
Graubard Mollen Horowitz Pomeranz & Shapiro, Respondent, v. 600 Third Avenue Associates, Appellant. Court of Appeals of New York Argued May 5, 1999; Decided June 10, 1999 CITE TITLE AS: Graubard Mollen Horowitz Pom- eranz & Shapiro v 600 Third Ave. Assoc. SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered July 23, 1998, which (1) reversed, on the law, an order and judgment (one...
Read More -
Nick v. DHCR
Nick v. DHCR
664 N.Y.S.2d 777 (1st Dep’t 1997) Early luxury decontrol case which found that the owner was entitled to an order of deregulation upon tenant’s default and that the luxury decontrol provisions of the Rent Stabilization Law do not violate due process or equal protection guarantees.
Read More -
Ansonia Residents Ass’n v. DHCR to Court of Appeals
Ansonia Residents Ass’n v. DHCR to Court of Appeals
Argued October 19, 1989. Decided November 21, 1989. David Ng, William A. Herbert and Susan A. Saslow for appellants-respondents. Donald Eng and David Rozenholc for intervenors-respondents-appellants. Mary Ellen Cronly and Dennis B. Hasher for respondent. Dean G. Yuzek, Arthur C. Fahlbusch, Jr., Richard L. Gabriel and Jeffrey R. Metz for intervenor-respondent. Joseph L. Forstadt, Anthony I. Pye and Martin J. Heistein for Rent Stabilization Association of New York City, Inc., amicus curiae. Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA...
Read More -
Graubard Mollen, et al. v. 600 Third Avenue Associates (Dec. 5 1996)
Graubard Mollen, et al. v. 600 Third Avenue Associates (Dec. 5 1996)
Westlaw® 234 A.D.2d 49, 650 N.Y.S.2d 207 (Cite as: 234 A.D.2d 49, 650 N.Y.S.2d 207) Supreme Court, Appellate Division, First Department, New York. GRAUBARD MOLLEN HOROWITZ POMERANZ & SHAPIRO, Plaintiff—Appellant, v. 600 THIRD AVENUE ASSOCIATES, Defendant—Respondent. Dec. 5, 1996. Appeal was taken from orders of the Supreme Court, New York County, Wilk, J., directing tenant to pay landlord pendente lite 75% of the rent invoiced, to deposit the remainder into an escrow account, and to release to landlord $109,000 from...
Read More -
Holy Properties Limited, L. P. v. Kenneth Cole Productions, Inc.
Holy Properties Limited, L. P. v. Kenneth Cole Productions, Inc.
Holy Properties Limited, L. P., Respondent, v. Kenneth Cole Productions, Inc., Appellant. Court of Appeals of New York Argued October 19, 1995; Decided December 7, 1995 CITE TITLE AS: Holy Props. v Cole Prods. SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered October 11, 1994, which affirmed a judgment of the Supreme Court (Jane S. Solomon, J.), entered in New York County after a...
Read More -
Sullivan v. Brevard Associates
Sullivan v. Brevard Associates
Susan Sullivan, Respondent, v. Brevard Associates, Appellant. Court of Appeals of New York Argued October 15, 1985; Decided November 19, 1985 CITE TITLE AS: Sullivan v Brevard Assoc. SUMMARY Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered May 22, 1984, which unanimously affirmed an order and judgment (one paper) of the Supreme Court at Special Term (Ira Gammerman, J.), entered in New York...
Read More -
Vance v. Century Apartment Assocs. to Court of Appeals
Vance v. Century Apartment Assocs. to Court of Appeals
Established that the sub-lessor must demonstrate an intent to return.
Read More