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.