SILVERSMITH & VERAJA

Decisions

Silversmith & Associates' innovative arguments lead to cutting edge decisions for our clients.

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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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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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