ATTORNEYS & EXECUTIVE STAFF


<< Back to Main Bio
Jeffrey R. Metz
Attorney at Law

Published Decisions
Appellate Division Makes New Law Vitiating Right To Cure in Landlord Tenant Nuisance Proceedings
Jeffrey R. Metz 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.
Jeffrey R. Metz victorious in case where tenant looked to avoid damages for removing load-bearing wall by claiming that three-year statute of limitations for negligence was controlling and matter was therefore time-barred.
Jeffrey R. Metz victorious in First Appellate Division opinion to detail what constitutes a proper demand for rent and a proper notice to cure in a commercial setting.
Jeffrey R. Metz 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.
Jeffrey R. Metz successfully 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.
Jeffrey R. Metz successfully demonstrated to Court of Appeals that in a luxury decontrol proceeding where teant 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.
Jeffrey R. Metz demonstrated to Appellate Division that tenant was not entitled to Yellowstone and injunctive relief tolling period to exercise renewal option.
Jeffrey R. Metz convinces 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.
Jeffrey R. Metz 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.
Jeffrey R. Metz victorious in 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.
Jeffrey R. Metz affirmed that the "4 year rule" applies to rent overcharge proceedings before DHCR.
Jeffrey R. Metz wins in case that held that prosecution of a no-pet holdover proceeding after the tenant settled an action brought against the landlord due to injuries sustained by the tenant's son in the apartment was not retaliatory in nature.
Jeffrey R. Metz victorious in case that finds that the absence of privity of contract presents no bar to a landlord obtaining use and occupancy form former sublessees of a commercial space.
Jeffrey R. Metz obtains more than two million dollars in use and occupancy arrears from holdover hospital tenant.
Jeffrey R. Metz victorious in case that 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 the lease.
Jeffrey R. Metz victorious in critical commercial decision continuing the New York rule that a landlord has no duty to mitigate its damages when a tenant leaves its premises prior to the expiration of its lease.
Jeffrey R. Metz victorious in case that established that the Civil Court, rather than the Supreme Court, is the proper forum to resolve apartment succession disputes.
Jeffrey R. Metz victorious in case where tenant waived jurisdictional claim of lack of juridiction when, after judgment was entered against him on default, his attorney moved to vacate default but did not assert jurisdictional defense.
Jeffrey R. Metz victorious in case that establishes criteria to determine non-primary residence issues.
Jeffrey R. Metz victorious case that established that owner may recover possession if tenant fails to pay court ordered use and occupancy as condition to a "Yellowstone" injunction.
Jeffrey R. Metz victorious in decision that established areas where administrative agencies have exclusive jurisdiction.
Jeffrey R. Metz victorious in decision that established that attorney's fees must be proven by means of an adversarial hearing.
Jeffrey R. Metz victorious in case that expounded on the "living with" requirement for Rent Controlled Succession rights.
Jeffrey R. Metz victorious in seminal case defining "tenant" that led to enactment of the succession status.