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Jeffrey R. Metz

Jeffrey Metz, Chief of Adam Leitman Bailey, P.C.’s  Appellate Bureau and partner, has participated in several of the most important New York real estate decisions in the past thirty-five years. Mr. Metz has prepared and argued in excess of three hundred appeals, approximately two hundred and seventy-five of which have been officially reported. Besides having appeared before the 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, Mr. Metz’s practice includes 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 Mr. Metz’s more notable cases appear below:

  • Photo looking down on Manhattan buildings
    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...

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  • Headshot of Scott Mollen
    Realty Law Digest

    Realty Law Digest

    New York Law Journal

    Contracts—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...

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  • 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...

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  • 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...

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  • 300 W. 106 Street Preview Image
    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...

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  • NYC Department of Housing Preservation & Development logo
    Landlord-Tenant—Succession—Income Affidavit Is Not Conclusive Evidence

    Landlord-Tenant—Succession—Income Affidavit Is Not Conclusive Evidence

    New York Law Journal

    A 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...

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  • Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgement at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure

    Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgement 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...

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  • Photo of New York City skyline
    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...

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  • Photo of New York City buildings
    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...

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  • Photo of New York City buildings
    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.          ...

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  • Photo of New York City buildings
    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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  • Photo of New York City buildings
    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)...

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  • Photo of New York City buildings
    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...

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  • Photo of New York City building
    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,...

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  • east 51st preview image
    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....

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  • Photo of 184 Thompson Street
    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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  • Photo of New York City Co-Op buildings
    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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  • Photo of Midtown New York City
    Fort Washington Holdings, LLC v. Maurice Abbott

    Fort Washington Holdings, LLC v. Maurice Abbott

    Fort Washington Holdings, LLC v Maurice Abbott

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  • Photo of New York City buildings
    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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  • Photo of Queens Civil Court
    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...

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  • Photo of 50 Madison Avenue
    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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  • THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    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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  • Photo of NewYork City buildings
    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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  • Photo of Hooters of Manhattan
    Hooters of Manhattan, Ltd. v. 211 West 56 Associates

    Hooters of Manhattan, Ltd. v. 211 West 56 Associates

    Supreme Court, Appellate Division, First Department, New York. HOOTERS OF MANHATTAN, LTD., Plaintiff-Respondent, v 211 WEST 56 ASSOCIATES, Defendant-Appellant. May 1, 2008. Background: Tenant brought action against landlord alleging that scaffolding obscured its trademark awning and blocked public’s view into restaurant. Landlord filed counterclaims. The Supreme Court, New York County, Karla Moskowitz, J.,grant in part landlord’s motion for summary judgment, and granted tenant’s motion for summary judgment dismissing counterclaims. Landlord appealed. Holdings: The Supreme Court, Appellate Division, held that: (1)...

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  • New York City skyline
    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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  • Photo of building on Pinehurst Avenue
    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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  • THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    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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  • Shop Rite Preview Image
    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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  • Appelate Division, Second Department photo
    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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  • Photo of New York City street
    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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  • New York States Homes and Community Renewal
    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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  • Photo of Nobu Next Door Restaurant
    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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  • Photo of 1740 Broadway
    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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  • New York Court of Appeals
    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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  • Appelate Division, Second Department photo
    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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  • Photo of New York City skyline
    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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  • Photo of New York City building
    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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  • Supreme Court Appelate Division, Second Department emblem
    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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  • Appellate Division of the Supreme Court in the First Judicial Department
    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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  • Lenox Hill Hospital
    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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  • 600 Third Avenue
    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...

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  • Photo of New York City buildings
    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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  • Photo of Ansonia Housing resident in front of building
    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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  • 600 Third Avenue
    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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  • Appellate Division of the Supreme Court in the First Judicial Department
    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...

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  • Photo of New York City buildings
    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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  • COURT House preview image
    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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  • Photo of Brial Hill apartment building
    Briar Hill Apartment Co. v. Teperman

    Briar Hill Apartment Co. v. Teperman

    Briar Hill Apartments Co., Respondent, v. Joseph H. Teperman, Appellant. Supreme Court, Appellate Division, First Department,New York April 4, 1991 CITE TITLE AS: Briar Hill Apts. Co. v Teperman SUMMARY Appeal from an order of the Appellate Term of the Supreme Court in the First Judicial Department, entered February 22, 1990, which affirmed a judgment of the Civil Court of the City of New York, Bronx County (Janice L. Bowman, J.), awarding possession of the subject apartment to petitioner landlord....

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  • 61 West 62nd Street
    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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  • Appellate Division of the Supreme Court in the First Judicial Department
    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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  • Photo of studio apartment building in Rego Park, Queens
    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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  • Photo of studio apartment building in Rego Park, Queens
    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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  • New York State Court of Appeals
    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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  • Photo of New York City buildings
    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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