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:
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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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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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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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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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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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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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