Contiguous neighbors often get into disputes concerning protection or invasion of their property lines and rights. But, as a recent case illustrates, the legal battle can reach great heights when the claims are between the disputatious owners of neighboring outdoor terraces. Nocola W. Cicchetti sued TRNC Associates Ltd. and 333 East 46th St. Apartment Corp. for trespass, breach of contract, and injunctive and declaratory relief arising from a dispute over the placement of a partition wall between two outdoor apartment terraces. TRNC and the coop moved to dismiss. On September 26, 2007, Ciccheti purchased the shares allocated to Apartment 15C… Read more

Terry Kellman sued Poonam Apts. LLC, the owner of 180 Park Hill Avenue on Staten Island, and Jelene Greenfield, the building’s managing agent, for injuries sustained when he was shot at the building by Angelo Nesemi. Kellman asserted two causes of action for negligence. In the second negligence claim, he asserted that Poonam and Greenfield were negligent in failing to take proper precautions for his safety, hiring, screening, training, supervising of its employees, and failing to adopt appropriate procedures for the protection of visitors. Poonam and Greenfield moved to dismiss the complaint. Kellman testified at his deposition that he was… Read more

The recent legal tsunami of executive and administrative orders in New York State and New York City has fueled a wave of litigation between commercial landlords, tenants, and lease guarantors. As a recent case illustrates, the disputes raise issues as to the constitutionality of those orders. 204 E. 38th LLC leased space to Sons of Thunder LLC, under a ten-year lease signed in 2014, for a restaurant in Murray Hill specializing in Hawaiian and Californian beach-inspired food. Thunder stopped paying rent (and additional rent) in March 2020. John Kim signed a guaranty in connection with the lease. E.38th LLC sued… Read more

Harsh facts do no automatically lead to an equitable result. In a recent case, a commercial tenant signed a New York City lease that contemplated the tenant would “build-out” the leased “white box” space into a second-floor gymnasium. The day after the signing, construction was stopped, and gyms were closed by Executive Order due to the pandemic. ITS Soho LLC sought rescission and termination of a long-term lease for second-floor space with 598 Broadway Realty Associates, Inc. The lease term was to start on March 15, 2020. The lease required Realty to provide a “white box” to Soho, and Soho… Read more

Confronts Dispute With Landlord Over Amount Due Commercial leases are often signed with a concomitant “good guy” guarantee, in which a principal of the tenant guarantees the payment of the financial obligations under the lease. And the guarantor can be released from such liability if both a timely notice to terminate the lease is given, and rent and additional rent are paid in full until the date of surrender. But what if the landlord and tenant disagree about the amount due to perfect the termination and release? Monica King Contemporary LLC, a corporate tenant, and Monica King, individually, as “good… Read more

Neighbors regularly and routinely litigate disputes over fallen trees and branches. A recent case had a twist: the dispositive proof was photographs from Google Maps. Terry L. Young sued Fredrick Wide, Rory O’Flaherty, Elizabeth O’Flaherty, Arnoldo’s Tree Service and Outside Space for property damage and trespass based on a tree branch from the adjacent property, owned by Wide, falling on the rear portion of the roof of her property; the unpermitted removal of an apple and a fig tree from Young’s property; and the erection of a fence which purportedly encroaches on her property. Young owns the premises at 43… Read more

Pandemic-related Emergency Executive Orders by the Governor of New York and the Mayor of New York City have had a severe and differential impact on the operation of fitness, yoga, pilates, and other group activity studios. Indoor classes in studios in the NYC metropolitan area were banned—while similar activities were permitted upstate. A recent case addressed the question: did the geographic divide raise constitutional issues? Grasmere Fit, Inc. sought a preliminary injunction stopping New York City from enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with the continued New York City lockdowns and New York City shutdown… Read more

Residential rent late fees and charges are unambiguously limited by statute in New York. A landlord’s effort to avoid the legal restrictions was the subject of a recent appeal in an action in which a tenant challenged an attempt to navigate around the law. Douglas Ritter was the landlord and owner of several rental properties in Broome County, and Karina Beco and others were Ritter’s tenants. In June 2019, Ritter sent a notice to Beco providing that, as of August 1, 2019, the monthly rental rate would be increased to $1,000 per month unless she paid the rent by the… Read more

Our Courts have recently issued several decisions addressing (and, for the most part, rejecting) arguments by commercial tenants that payment of rent was excused due to pandemic and Executive Order-related impossibility or frustration of performance. In a ruling released last week, the Court tackled the novel question of whether or not the pandemic constituted a “casualty” that excused the payment of rent. 188 Ave. A Take-Out Food Corp. signed a commercial lease with Lucky Jab Realty Corp. on May 1, 2017, to operate an indoor dining restaurant. On March 16, 2020, Governor Andrew Cuomo issued Executive Order 202.3 that suspended… Read more