New York City Real Property Litigator

New York City Real Property Litigator

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Category Archives: Landlord-Tenant

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Tenant prevails on lease interpretation issue

Posted in Landlord-Tenant
34th Street Penn Association, LLC v. Payless Shoesource, Inc., New York County Landlord-Tenant Index No. 075998/2012 This commercial landlord-tenant case involved a straight-forward issue of contract interpretation.  The tenant, a retailer,  was, allegedly, concerned about leasing space in a building that had no tenants for its other retail space.  Thus, the lease contained a clause… Continue Reading

First Department permits attorneys’ fees by 3-2 vote

Posted in Landlord-Tenant
Graham Court Owner’s Corp. v. Taylor, Appellate DivisionFirst Department 70520/2010 In a 3-2 decision, the First Department has endorsed a broad reading of Real Property Law § 234.  That statute provides for an implied reciprocal right of a residential tenant to recover attorneys’ fees whenever the lease provides that a landlord may recover attorneys’ fees if the… Continue Reading

Landlord’s claim of chronic rent delinquency dismissed

Posted in Landlord-Tenant
Mins Court Housing Co., Inc. v. Wright, Bronx County L&T Index No. 013224/2013 In this residential holdover proceeding, the landlord alleged chronic delinquent rent payments and, on that basis, purported to terminate the tenant’s lease.  The Petition claimed that over a fifteen-year tenancy, the landlord brought twelve separate non-payment proceedings.  Nine of those proceedings, however,  were… Continue Reading

Tenant’s laches defense prevails

Posted in Landlord-Tenant
383 Realty Corp. v. Young, New York County Landlord Tenant Court Index NO. 89487/2011 In this residential landlord-tenant case the tenant was able to prevail on a laches defense where the landlord did not commence a summary nonpayment proceeding for 42 months after the tenant stopped paying her rent.  The landlord offered testimony that the delay… Continue Reading

Landlord’s duty to cooperate included obligation to cure violations

Posted in Landlord-Tenant
PVF Inc. v ZCAM LLC, New York County Supreme Court, Index No. 651360/2013 Justice Charles Ramos has ruled that a landlord’s duty to cooperate in obtaining government approvals includes more than merely executing documents.  In this commercial case brought by a tenant against its landlord, the tenant alleged that the landlord breached the lease by… Continue Reading

Landlord fails to establish that tenant was chronically delinquent in rent

Posted in Landlord-Tenant
Union Senior Plaza v. Mavins, Landlord-tenant Court, Nassau County District Court Index No. 001236/2013. As every L&T practitioner knows, landlord-tenant cases come in two varieties: non-payments and holdovers.  A frequently presented issue is what to do with a tenant that is chronically delinquent with the rent.  That is, when should the landlord stop filing non-payment… Continue Reading