Harvey 1390, LLC v. Bodenheim, 96 AD3d 664, 948 NYS2d 32 (1st Dep’t 2012)

In this major decision, David significantly expanded the rights of tenants in NYC Housing Court by giving the court greater authority to extend their time to make rent payments.  Prior case law had been increasingly interpreted as restricting the court’s ability to excuse late payments under stipulations regardless of the efforts of indigent tenants to obtain emergency grants from the Department of Social Services, private charities or other sources.  This resulted in the evictions of thousands of poor families throughout the City even though their late payments were not their fault.  David, who represented the tenant pro bono, put a stop to this practice and, as a result, poor tenants now have a much greater chance of avoiding homelessness.

 


167 North Ninth Street Corp. v. Helfand, 33 Misc.3d 518, 928 NYS2d 922 (Civ.Ct. NY Co. 2011).

In this case, relying on 18th-century common law precedent, David convinced the court to find that a former building superintendent was, as a matter of a law, a tenant.  As a mere employee, the client would have had no defense to eviction but, as a tenant, he could then claim protection under the Loft Law, making this a very significant victory for David’s client.

 


Riley v. Ansis, 28 Misc.3d 140(A) (App.Term 1st Dep’t 2010).

In this “owner’s use” case, David successfully defended his victory at trial where he proved that the landlord did not have a good faith intention to move into his client’s rent-stabilized apartment.  Not only did David protect his client’s home, but he also obtained an award of $45,000 in legal fees from the landlord.

 


542 East 14th Street Realty LLC v. Lee, 66 AD3d 18, 883 NYS2d 188 (1st Dep’t 2009).

David was retained by the tenant’s attorney of record to argue appeal and, in precedent setting case, he succeeded in establishing that rent-stabilized tenant could not be evicted because she had spent two years caring for her ill parents in California.  This was the first Appellate Division case recognizing the right of stabilized tenants to care for ailing family members without losing their homes.

 


Art Omi, Inc. v. Vallejos, 21 Misc 3d 129(A) (App.Term 1st Dep’t 2008), affirming, 15 Misc.3d 870, 832 NYS2d 915 (Civ.Ct. NY Co. 2007).

After trial, court ruled that the alleged prime tenancy was “illusory” and David’s client, a single mother who lived in the apartment and paid rent for ten years, was the lawful stabilized tenant.  David successfully defended his trial victory on appeal.

 


Kokot v. Barton, 12 Misc.3d 614, 810 NYS2d 889 (Civ.Ct. NY Co. 2006).

David prevented his client’s eviction and established that a landlord is bound by his lease renewal offer notwithstanding a proclaimed desire to occupy the apartment for himself of his family.

 


White Knight, Ltd. v. Shea, 10 AD3d 567, 782 NYS2d 76 (1st Dep’t 2004).

David obtained rent stabilization rights for his client by convincing the court that separately rented rooms in a theater constituted “housing accommodations.”

 


Cadim Stonehenge, LLP v. Gehkt, NYLJ, July 14, 1999, p. 27, col. 4 (Civ.Ct. NY Co.).

David saved his client’s home by proving that prior landlord performed alleged alterations and new landlord could not evict the tenant even though work was done without proper permits.

 


S&J Realty Corp. v. Korybut, 147 Misc.2d 259, 555 NYS2d 589 (Civ.Ct. NY Co. 1990).

David defeated attempt by corporate landlord to evict tenant so that it could recover apartment for its own use.