CASE STUDIES

Back

Adam Leitman Bailey, P.C. Works Magic in Removal of Satellite From Durst Building

By Massimo F. D'Angelo


ALBPC’s client, a self-storage company, entered into a lease for commercial space that included a portion of the roof terrace at a 10 story mixed use building in Midtown owned by the Durst Organization.  Subsequently, ALBPC’s client subleased its space to the nation’s third largest telecommunications provider, who erected a satellite tower for the operation of a wireless telecommunications facility.

Towards the expiration date of the underlying lease, Durst advised ALBPC’s client that it planned to complete a complete redesign of the building and that if the satellite was not removed by the termination date of the lease, Durst would pursue ALBPC’s client for the exorbitant costs of removal for the satellite, together with all of its fees and costs.  However, when ALBPC’s client attempted to contact the telecommunications company to demand the dismantling and removal of the satellite, the client was met with radio silence, at which point, the client turned to ALBPC for assistance.

With absolutely no time to spare, ALBPC immediately brought an emergency order to show cause application on behalf of the client against the sublessee in the commercial part of the civil court seeking a final judgment of possession, plus reimbursement for its damages, as well as its fees and costs.  ALBPC’s emergent application had the desired effect for the client since the sublessee, who was now facing the prospect of having a significant damages award lodged against it by way of a summary proceeding, was forced to commence immediate arrangements for the dismantling and removal of the satellite.

Thereafter, ALBPC brokered an extremely favorable settlement agreement for the client, whereby the sublessee consented to a final judgment of possession and agreed to timely remove and properly dispose of the satellite.  Most importantly, ALBPC incorporated specific protections into the settlement agreement that restricted Durst from seeking damages against the sublessee only in the event of the sublessee’s breach of the settlement agreement.

In sum, ALBPC, which expeditiously resolved this matter in less than two months, saved the client from a significant money judgment through the utilization of creative litigation techniques, and further protected the client by shrewdly adding provisions into the settlement agreement ensuring that the client would not be liable for any damages even if its sublessee breached the settlement terms.

Massimo F. D’Angelo litigated the matter in Court. Dov Treiman and Mr. D’Angelo negotiated the settlement.

Related Attorneys

Massimo F. D'Angelo Dov Treiman

Related Content

“We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” “Hard work and risk pays off for closing” “ROCKSTAR. That’s what you are…Jackie…How can I thank you enough for all the work you have done…” Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender ALBPC Twice Saves Tenant’s Business from Certain Death ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding Adam Leitman Bailey, P.C. Gets $215K for Board after a Botched Common Charge Lien Foreclosure Adam Leitman Bailey, P.C.’s “Watershed Case” Changes Condominium Development Original Promissory Note Lost—Lender Satisfied UCC 3-804 and Entitled to Judgment Q&A: A Broken Shower Non-Disclosure Agreements Defend Against Fishing Expeditions Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part II) Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS