SILVERSMITH & VERAJA

Decisions

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COMMERCIAL TENANT IS MONTH-TO-MONTH AND NOT FOR AN UNSPECIFIED DURATION.

Case: Matchmaker 44th Street LLC v DJS W 44th Cafe Inc. d/b/a Bull Moose Saloon

Citation: Civil Court, New York County, Index L&T 61378/12

Attorney: Robert Silversmith and Jason Garber

Tenant’s lease expired and continued month-to-month until terminated by a 30-day notice. The tenant argued that it was not month-to-month. Rather, that the tenancy was for an unspecified duration and under RPL 232, continued until the 1st...

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COMMERCIAL CONDO UNIT OWNER GRANTED INJUNCTION AGAINST THE BOARD OF MANAGERS.

Case: 859-60 Medical Management Offices, LLC v. The Board of Managers of the Forum Condominium

Citation: Supreme Court, Kings County, Index 21701/11

Attorney: Robert Silversmith, Rachel Siskind and Jason Garber

Commercial condominium unit owners were granted a preliminary injunction against the Board of Managers, allowing the HVAC installation, at a front location. The Court found the sponsor could reallocate portions of the common elements for use by...

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SUMMARY JUDGMENT GRANTED LANDLORD AGAINST RESIDENTIAL TENANT FOR NON-PRIMARY RESIDENCE.

Case: Patjen Realty Corp. v. Fong Keung Chin

Citation: Civil Court, New York County, L&T Index 52201/10

Attorney: Robert Silversmith

In a summary holdover proceeding based upon non-primary residence, the Court granted the Landlord’s motion for summary judgment because the Landlord’s evidence supporting the motion was substantial, relevant and sufficient. The burden...

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SUMMARY JUDGMENT IS GRANTED FOR COMMERCIAL NON-PAYMENT WHERE THERE WAS NO ISSUE WARRANTING TRIAL.

Case: Centre Plaza, LLC v. Chin Young Co., Inc.

Citation: NYLJ 9/20/10, p. 26, col. 1

Attorney: Robert Silversmith

In this commercial non-payment proceeding, the Court granted the Landlord summary judgment. As a matter of law, the tenant failed to raise issues of fact warranting a trial. The Court dismissed the tenant’s affirmative defenses of waiver,...

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ATTEMPTED ORAL ASSIGNMENT OF COMMERCIAL LEASE BY TENANT WITHOUT LANDLORD’S CONSENT IS INVALID.

Case: Levy Family Limited Partnership, LP v. Brandon Carney

Citation: Civil Court , New York County, 28 Misc. 3d 1203 A, 2010 NYS Misc. Lexis 2798; 2010 NY Slip Op 51137U; 244 NYLJ 1 (Civil, NY 2010)

Attorney: Robert Silversmith

The tenant alleged he was no longer in possession, having surrendered or assigned his lease to another tenant by oral agreement. As such, the tenant alleged this court was without jurisdiction, since he was no longer in possession. The Landlord...

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CONDO UNIT OWNER DOES NOT HAVE AN AGENCY RELATIONSHIP WITH THE SUPERINTENDENT FOR PURPOSES OF KNOWLEDGE UNDER THE PET LAW.

Case: Tatiana Backman and Nora Pines, as Trustee of Chado Trust v. Carl Kleidman

Citation: Civil Court, New York County, Index L&T 99510/09, 27 Misc. 3d 1215 A; 910 NYS 2d 760; 2010 NYS Misc. Lexis 909; 2010 NY Slip Op 50756U

Attorney: Robert Silversmith and Jason Garber

The owners of a condo unit rented the apartment to a tenant was discovered harboring a cat. The Building Superintendent knew of the cat’s existence for over three months prior to the proceeding. A time limit relevant to commencing these kinds...

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HPD CASES REQUIRE DUE DILIGENCE SERVICE ON THE LANDLORD, A HIGHER AND DIFFERENT STANDARD THAN OTHER LANDLORD-TENANT PROCEEDINGS.

Case: Department of Housing Preservation and Development v. Ju Jin Li

Citation: Civil Court, Kings County, 24 Misc. 3d 237, 876 NYS 2d 611; 241 NYLJ 50 (2009)

Attorney: Robert Silversmith

In deciding whether service of an HPD proceeding is proper against a landlord, the court must look to the Civil Practice Law and Rules, and the Civil Court Act, not the Real Property Action and Proceedings Law, as in most landlord-tenant cases. ...

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MEDICAL RECORDS ARE AVAILABLE FOR DISCOVERY WHERE MEDICAL CONDITIONS ARE RAISED AS A DEFENSE BY THE TENANT.

Case: Clinton Association for a Renewed Environment, Inc. v. Maria Baines

Citation: Civil Court, New York County, Index L&T 99230/07

Attorney: Robert Silversmith and Rachel Siskind

Where a tenant asserts an affirmative defense that brings her mental or medical condition into issue, the landlord is entitled to uncover that information. If the tenant wishes to claim her disability as an affirmative defense, then the landlord...

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ENCROACHMENTS FROM ONE OVER ANOTHER BUILDING MUST BE REMOVED.

Case: Benyetta 148, LLC v. 49th St Realty Co. & HIP Corp.

Citation: 2009 Misc. Lexis 4475; 2009 NY Slip Op 32978U (Sup. NY 1009)

Attorney: Robert Silversmith

Owner of adjacent building must remove encroachments discovered by survey.

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TORTIOUS INTERFERENCE OF CONTRACT BY ANOTHER OWNER DISMISSED, WHERE TENANT VACATES PREMISES.

Case: Preamble Properties, LP v. Thomas K. Woodard Antiques Corp.

Citation: 293 A.D.2d 330, 739 N.Y.S.2d 824 (AD 1st Dept. 2002)

Attorney: Robert Silversmith

A Corporate tenant vacated the premises and moved to another location. The landlord’s claim for tortious interference of contract as to the new landlord was dismissed. Likewise, rents sought against the guarantors were dismissed.

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LEGAL FEES ARE RENT IN COMMERCIAL LEASE

Case: Clemons Management Corp. v. Quick Quality Copies, Inc.

Citation: Civil Court, New York County, 164 Misc.2d 144, 623 NYS 2d

Attorney: Robert Silversmith

Legal fees are additional rents under the commercial lease.

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INDIVIDUALS DID NOT DOMINATE THE CORPORATION SO AS TO PIERCE THE CORPORATE VEIL

Case: Berry Packing Corp. v. Atlantic Veal Corp

Citation: 302 A.D.2d 417; 754 NYS 2d 550 (AD Second Department 2003)

Attorney: Robert Silversmith

The Appellate Court denied the owner's appeal of the lower court decision, finding as an issue whether the individuals so dominated the corporation as to pierce the corporate veil.

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CERTIFICATE OF EVICTION IS NOT REQUIRED FOR RENT CONTROLLED HOLDOVER BASED ON NON-PRIMARY RESIDENCE, WRONGFUL SUBLET OR PROFITEERING.

Case: 32 W 82 Realty LLC v. Eugene Rodriguez

Citation: Civil Court, New York County, Index L&T 54552/14

Attorney: Robert Silversmith

Landlord need not obtain Certificate of Eviction to commence Holdover Proceeding against Rent Controlled Tenant based on non-primary residence, wrongful sublet or profiteering.

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COOP BOARD ACTED IN GOOD FAITH, WITHIN THE SCOPE OF ITS AUTHORITY AND FOR A LEGITIMATE CORPORATE PURPOSE PURSUANT TO THE BUSINESS JUDGMENT RULE IN TERMINATING PROPRIETARY LESSEE.

Case: 1855 7 Avenue Housing Development Fund Corporation v. Wigfall

Citation: Civil Court, New York County, NYLJ 3/21/14, Pg. 29, Vol. 251, No. 54

Attorney: Robert Silversmith, Rachel Siskind and Jason Garber

The Proprietary Lease was terminated, because of 744 incidents of objectionable conduct. In phase one of the trial, the Landlord proved it had followed the Business Judgment Rule and therefore Phase 2 of trial establishing the incidents was not...

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PRIOR IMD UNIT WAS PROPERLY TERMINATED AS A FREE MARKET MONTH-TO-MONTH TENANCY

Case: 236 Lafayette Owners LLC v. Azuma

Citation: Civil Court, New York County, Index L&T 73858/12

Attorney: Robert Silversmith and Jason Garber

Prior IMD Unit was no longer subject to statutory protection and was therefore properly terminated as a month-to-month tenancy.

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TENANT COMING INTO POSSESSION AFTER THE J-51 PROGRAM WAS PROPERLY TERMINATED AS A MONTH-TO-MONTH TENANT.

Case: 470 West 23 Associates LLC v. Conlon

Citation: Civil Court, New York County, Index L&T 81533/06

Attorney: Robert Silversmith and Jason Garber

Tenant who came into possession several years after the expiration of the J-51 Program was properly terminated as a month-to-month tenant.

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