Adam Leitman Bailey, P.C.’s Jeffrey R. Metz Has More Real Estate Appellate Wins Than Any Other Practicing Attorney in New York

Jeffrey R. Metz has participated in many of the most important New York real estate decisions of this generation. Jeffrey R. Metz has prepared and argued over two hundred and fifty appeals, approximately one hundred and fifty of which have been officially reported. A review of twenty-five years of the Housing Court Reporter shows Bureau Chief Jeffrey R. Metz as one of the most frequently appearing and winning practitioners before New York’s appellate courts. In fact, an in-house study using a Westlaw search found that Jeffrey M. Metz has won more real estate appellate cases than any other practicing attorney. Besides having appeared before New York State Court of Appeals, the Appellate Division, First, Second and Third Departments, various Appellate Terms and the United States Court of Appeals for the Second Circuit, State Supreme, Civil and Housing Courts, Jeffrey R. Metz’s appellate work has included preparation and prosecution of Article 78 proceedings relative to decisions of the Rent Regulatory Agencies and various Supreme Court declaratory judgment actions relating to landlord/tenant and/or real estate disputes in both residential and commercial contexts. Some of Jeffrey Metz’s most notable cases appear below:

East 51st Street Crane Collapse

East 51st Street Crane Collapse
106 A.D.3d 473 (1st Dept. 2013) Established that settlements of wrongful death action due to crane collapse should be unsealed for review by the public and other parties adversely affected by the collapse.
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Adam Leitman Bailey, P.C. Wins Case for Commercial Property Seller: Contract Disclaimers Are Enforceable

Adam Leitman Bailey, P.C. Wins Case for Commercial Property Seller: Contract Disclaimers Are Enforceable
This case strongly reaffirms that with respect to real property transactions, the parties will be held to the terms of the agreement(s) they made. In this case, the plaintiff had entered into agreements with the seller to purchase a building in a piecemeal fashion. The purchaser first purchased a 7 % interest for two million dollars and agreed to purchase the remaining 93% for approximately another 16 million dollars by a date certain. The agreement contained a provision that in...
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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...
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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...
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Landlord Wins Jury Trial Over Succession Claim and Then Judge Tosses Verdict; Appellate Term Comes to the Rescue and Affirms Jury Verdict and Eviction

Landlord Wins Jury Trial Over Succession Claim and Then Judge Tosses Verdict; Appellate Term Comes to the Rescue and Affirms Jury Verdict and Eviction
Tenant Succession Claim In 2010, Adam Leitman Bailey, P.C.’s Landlord & Tenant Department defended a succession case tried before a jury. It was a hard fought victory because the claimed successor, the nephew of a deceased rent controlled tenant, had lived with his aunt in a rent-controlled apartment for over thirty years. And while the “emotional” component was present between the two, there was an absence of the “financial commitment and interdependence” that the rent-controlled-succession regulation requires. The Jury Decides...
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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...
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221-06 Merrick Blvd. Associates, LLC v. Crescent Electric Acquisition Corporation

221-06 Merrick Blvd. Associates, LLC v. Crescent Electric Acquisition Corporation
Supreme Court, Appellate Division, Second Department, New York. IN RE: 221-06 Merrick Blvd. Associates, LLC, petitioner-respondent, v. Crescent Electric Acquisition Corporation, appellant, et al., respondents. 2009-09149 (Index No. 74830/07) Decided: December 14, 2010 REINALDO E. RIVERA, J.P. THOMAS A. DICKERSON PLUMMER E. LOTT SHERI S. ROMAN, JJ. Jaffe, Ross & Light, LLP, New York, N.Y. (Burton R. Ross and Bill S. Light of counsel), for appellant. Adam Leitman Bailey, P.C., New York, N.Y. (Jeffrey R. Metz and Courtney Killelea of counsel),...
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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...
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Adam Leitman Bailey, P.C. Prevails in Getting Clients’ Application for Attorneys’ Fees Awarded

Adam Leitman Bailey, P.C. Prevails in Getting Clients’ Application for Attorneys’ Fees Awarded
James Sykes, et al., Plaintiffs-Appellants, -against- RFD Third Avenue I Associates, LLC. Defendant- Respondent April 10, 2007 Trevor Davis, et al., Defendants. Adam Leitman Bailey, P.C. , New York (William J. Geller of counsel), for appellants. Background: Purchasers of real property sought to recover legal fees following release of monies held in escrow in connection with litigation against sellers. The Supreme Court, New York County, Louis Crespo, Special Referee, denied fee application, and purcha s- ers appealed. Holding: The Supreme...
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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,...
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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...
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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.
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Hooters of Manhattan, Ltd. v. 211 West 56 Associates

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.
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Candida v. Salvation Army, Inc.

Candida v. Salvation Army, Inc.
Candida v. Salvation Army, Inc. 46 A.D.3d 294, 847 N.Y.S.2d 81 NY,2007. 46 A.D.3d 294847 N.Y.S.2d 81, 2007 WL 4260305, 2007 N.Y. Slip Op. 09684 Maria Candida et al., Plaintiffs, and Parkside-Ten Eyck Tenants Association et al., Appellants v The Salvation Army, Inc., Respondent. Supreme Court, Appellate Division, First Department,New York December 6, 2007 CITE TITLE AS: Candida v Salvation Army, Inc. HEADNOTE Landlord and Tenant Rent Regulation Two residences owned and operated by defendant were exempt from Rent Stabilization...
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Pinehurst Const. Corp. v. Schlesinger

Pinehurst Const. Corp. v. Schlesinger
Pinehurst Const. Corp. v. Schlesinger 38 A.D.3d 474, 833 N.Y.S.2d 428 NY,2007. 38 A.D.3d 474833 N.Y.S.2d 428, 2007 WL 925631, 2007 N.Y. Slip Op. 02664 Pinehurst Construction Corp., Respondent v Eva Schlesinger, Appellant, et al., Respondent. Supreme Court, Appellate Division, First Department,New York March 29, 2007 CITE TITLE AS: Pinehurst Constr. Corp. v Schlesinger HEADNOTE Landlord and Tenant Rent Regulation Termination of Tenancy-Nuisance Stephen H. Weiner, New York, for appellant. Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Jeffrey...
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Novita LLC v. 307 West Restaurant Corp.

Novita LLC v. 307 West Restaurant Corp.
Novita LLC, Respondent v 307 West Restaurant Corporation, Doing Business as Rinconcito Mexicano et al., Appellants. Supreme Court, Appellate Division, First Department, New York December 12, 2006 CITE TITLE AS: Novita LLC v 307 W. Rest. Corp. HEADNOTE Limitation of Actions What Statute Governs Six-year statute of limitations for breach of contract governed action by landlord against tenants for damage to building caused by tenants having re- moved load-bearing wall during renovations they agreed to perform; lease agreement obligated ten-...
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ShopRite Supermarkets, Inc. v. Yonkers Plaza Shopping, LLC

ShopRite Supermarkets, Inc. v. Yonkers Plaza Shopping, LLC
ShopRite Supermarkets, Inc., Appellant v Yonkers Plaza Shopping, LLC, Also Known as Yonkers Plaza Shopping Center, LLC, Respondent. Supreme Court, Appellate Division, Second Department, New York May 2, 2006 CITE TITLE AS: ShopRite Supermarkets, Inc. v Yonkers Plaza Shopping, LLC HEADNOTE Landlord and Tenant Lease Rent Demand-Notice to Cure In action for judgment declaring that defendant’s rent demand and notice to cure were defective, and null and void, defendant was entitled to summary judgment on its counterclaims-rent demand and no-...
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Whaling Willie’s Roadhouse Grill, Inc. v. Sea Gulls Partners,Inc.

Whaling Willie’s Roadhouse Grill, Inc. v. Sea Gulls Partners,Inc.
Whaling Willie’s Roadhouse Grill, Inc., Appellant v Sea Gulls Partners, Inc., et al., Respondents. Supreme Court, Appellate Division, Second Department, New York April 11, 2005 CITE TITLE AS: Whaling Willie’s Roadhouse Grill, Inc. v Sea Gulls Partners,Inc. HEADNOTE Landlord and Tenant Wrongful Eviction Although plaintiff demonstrated its entitlement to judgment as matter of law on its causes of action predicated upon partial actual eviction by submitting evidence that it had been effectively ousted from certain parking areas which it was...
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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.
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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...
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Nobu Next Door, LLC v. Fine Arts Housing, Inc.

Nobu Next Door, LLC v. Fine Arts Housing, Inc.
Nobu Next Door, LLC, et al., Respondents v Fine Arts Housing, Inc., Appellant. Supreme Court, Appellate Division, First Department, New York January 8, 2004 CITE TITLE AS: Nobu Next Door v Fine Arts Hous. HEADNOTE Landlord and Tenant Yellowstone Injunction Petitioner tenant was not entitled to injunctive and Yellowstone relief tolling its time to exercise renewal option in its lease since its failure to replace exhaust stack was not due to inadvertence or oversight but to business judgment to defer...
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SRM Card Shop, Inc. v. 1740 Broadway Associates, LP

SRM Card Shop, Inc. v. 1740 Broadway Associates, LP
SRM Card Shop, Inc., Respondent v 1740 Broadway Associates, L.P., Appellant, and Hallmark Specialty Retail Group, Inc., Respondent. (And Another Action.) Supreme Court, Appellate Division, First Department, New York December 4, 2003 CITE TITLE AS: SRM Card Shop v 1740 Broadway Assoc. HEADNOTE Landlord and Tenant Wrongful Eviction Consent to Substitution of Space Because plaintiff tenants, through agent in charge of real estate matters, acquiesced in substitution of space, court erred in determining that defendant landlord effected actual partial eviction...
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Domen Holding Co. v. Aranovich

Domen Holding Co. v. Aranovich
Domen Holding Co., Appellant v Irene S. Aranovich, Respondent, et al., Defendants Court of Appeals of New York Argued October 23, 2003 Decided November 24, 2003 CITE TITLE AS: Domen Holding Co. v Aranovich SUMMARY Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 7, 2003. The Appellate Division, with two Justices dissenting, insofar as appealed from, affirmed an order of the Supreme Court, New York County (Alice Schlesinger, J.),...
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Gulotta v Ippolito

Gulotta v Ippolito
Joseph Gulotta et al., Appellants, v. Eva Ippolito, Respondent. Second Department, (July 1, 2002) CITE TITLE AS: Gulotta v Ippolito In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Gigante, J.), dated August 22, 2001, which denied their motion for summary judgment on the issue of liability and granted the defendant’s cross motion for summary judgment dismissing...
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Sessler v. New York State Div. of Hous. & Community Renewal

Sessler v. New York State Div. of Hous. & Community Renewal
In the Matter of John Sessler, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and M. Freile Fleetwood, Intervenor-Respondent. Supreme Court, Appellate Division, First Department,New York (April 10, 2001) CITE TITLE AS: Matter of Sessler v New York State Div. of Hous. & Community Renewal Order, Supreme Court, New York County (Nicholas Figueroa, J.), entered December 28, 1999, which denied petitioner tenant’s application to annul respondent Division of Housing and Community Renewal’s determination denying his rent...
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East 145 Co. v. Benayoun

East 145 Co. v. Benayoun
East 145 Co., Appellant, v. Avraham Benayoun et al., Respondents, et al., Respondents. Supreme Court, Appellate Term, First Department, November 1, 2001 CITE TITLE AS: East 145 Co. v Benayoun SUMMARY Appeal from an order of the Civil Court of the City of New York, New York County (Jerald R. Klein, J.), dated February 22, 2001, insofar as it denied petitioner’s cross motion for summary judgment and to strike respondents’ third affirmative defense and first counterclaim in a holdover summary...
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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...
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Avon Bard Co. v. Aquarian Foundation

Avon Bard Co. v. Aquarian Foundation
Avon Bard Co. v Aquarian Foundation 260 A.D.2d 207, 688 N.Y.S.2d 514 N.Y .A.D.,1999. 260 A.D.2d 207688 N.Y.S.2d 514, 1999 WL 216744, 1999 N.Y. Slip Op. 03366 Avon Bard Co., Appellant, v Aquarian Foundation, Respondent. Supreme Court, Appellate Division, First Depart- ment, New York (April 13, 1999) CITE TITLE AS: Avon Bard Co. v Aquarian Found. Orders of the Appellate Term of the Supreme Court, First Department, entered November 26, 1997, which affirmed two orders of the Civil Court, New...
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Rose Associates v. Lenox Hill Hosp.

Rose Associates v. Lenox Hill Hosp.
Rose Associates, Respondent, v. Lenox Hill Hospital, Appellant, et al., Defendants. Supreme Court, Appellate Division, First Department, New York (June 8, 1999) CITE TITLE AS: Rose Assoc. v Lenox Hill Hosp. Judgment, Supreme Court, New York County (Martin Schoenfeld, J.), entered August 20, 1998, which awarded plaintiff landlord use and occupancy damages against defendant Lenox Hill Hospital with respect to certain apartments occupied by the individual defendants as subtenants of Lenox Hill Hospital after expiration of Lenox Hill Hospital’s leases...
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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...
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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.
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Baer v. Lipson

Baer v. Lipson
In the Matter of Maurice Baer, Appellant, v. David Lipson, Respondent. Supreme Court, Appellate Division, Second Department, New York (June 28, 1993) CITE TITLE AS: Matter of Baer v Lipson SUMMARY In a summary nonpayment proceeding, the landlord appeals, by permission, and as limited by his brief, from so much of an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated March 15, 1991, as (1) reversed an order of the City...
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Cox v. J.D. Realty Associates

Cox v. J.D. Realty Associates
Giulia Cox et al., Respondents, v. J.D. Realty Associates, Appellant. Supreme Court, Appellate Division, First Department, New York December 19, 1995 CITE TITLE AS: Cox v J.D. Realty Assoc. SUMMARY Appeal from an order and judgment (one paper) of the Supreme Court (Carol Huff, J.), entered April 27, 1995 in New York County, which granted plaintiffs’ motion for summary judgment and declared that they were entitled to possession of the subject premises. HEADNOTES Declaratory Judgments–When Remedy Appropriate–Landlord-Tenant Succession Rights (1)...
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61 W. 62nd Owners Corp. v. Harkness Apt. Owners Corp.

61 W. 62nd Owners Corp. v. Harkness Apt. Owners Corp.
173 A.D.2d 372570 N.Y.S.2d 8, 1991 WL 84530 61 West 62nd Owners Corp., Respondent, v. Harkness Apartment Owners Corp. et al., Appellants. Supreme Court, Appellate Division, First Department, New York (May 23, 1991) CITE TITLE AS: 61 W. 62nd Owners Corp. v Harkness Apt. Owners Corp. Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered May 25, 1990 (“Order-1”) which, inter alia, granted defendants a Yellowstone injunction conditioned on the posting of an undertaking in the amount of...
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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...
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Sohn v. Calderon

Sohn v. Calderon
In the Matter of Pinky Sohn et al., Respondents, v. State Division of Housing and Community Renewal, Appellant, and Lucretia Calderon et al., Intervenors-Appellants. Court of Appeals of New York Argued September 5, 1991; Decided October 15, 1991 CITE TITLE AS: Sohn v Calderon SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that court, entered June 26, 1990, which (1), in the first above-entitled action, affirmed a...
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Kumble v. Windsor Plaza Co.

Kumble v. Windsor Plaza Co.
Supreme Court, Appellate Division, First Department, New York. Steven J. KUMBLE, Plaintiff-Respondent, v. WINDSOR PLAZA CO., et al., Defendants-Appellants, and Gail Sheehy, Defendant-Respondent. Action No. 1. Harold HERMAN, as Trustee, Plaintiff-Appellant, v. Gail SHEEHY, Defendant-Respondent. Action No. 2. Gail SHEEHY, Plaintiff-Respondent, v. Harold HERMAN, as Trustee, Defendant-Respondent. Action No. 3. March 12, 1987. After prevailing in damage action, the Supreme Court, New York County, Wright, J., entered judgment awarding tenant attorney fees, and landlord appealed. The Supreme Court, Appellate Division,...
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829 Seventh Avenue Co. v. Reider

829 Seventh Avenue Co. v. Reider
Court of Appeals of New York. 829 SEVENTH AVENUE COMPANY, Appellant, v. Eve REIDER, Respondent. April 29, 1986. Holdover proceeding was instituted by landlord against deceased tenant’s granddaughter. The Civil Court of the City of New York, Dankberg, J., entered judgment in favor of granddaughter, and landlord appealed. The Supreme Court, Appellate Term, 125 Misc.2d 39, 480 N.Y.S.2d 399, reversed, and granddaughter appealed. The Supreme Court, Appellate Division, 111 A.D.2d 670, 491 N.Y.S.2d 160, modified order by reversing so much...
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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...
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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.
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