Eviction Cases
Masjid Usman, Inc. v. Beech 140, LLC, -- AD3d --, -- NYS2d --, 2009 NY Slip Op 09437 (2d Dep’t 2009). [ LINK ]
David successfully defended preliminary injunction stopping the eviction of a commercial tenant. The case represents a potentially significant expansion of the judicial protections available to commercial tenants by allowing them to seek a preliminary injunction staying an eviction even after the landlord has served a notice terminating the tenancy.
542 East 14th Street Realty LLC v. Lee, 66 AD3d 18, 883 NYS2d 188 (1st Dep’t 2009). [ LINK ]
David was retained by the tenant’s attorney of record to argue appeal and 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. The decision resulted in a front-page article in the New York Law Journal quoting David.
Little West 12th Street Realty, LP v. Inconiglios, 19 Misc.3d 508, 854 NYS2d 632 (Civ.Ct. NY Co. 2008), aff’d, 23 Misc.3d 28 (App.Term 1st Dep't 2009) .* [ LINK , LINK ]
David won summary judgment finding a building in the Meat Packing District covered by the Loft Law, giving his client statutory protection from eviction and making him eligible for a potentially substantial rent overcharge award. David also successfully defended the lower court decision on appeal.
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.
545 Eighth Avenue Associates, LP v. Shanaman, 12 Misc.3d 66, 819 NYS2d 813 (App.Term 1st Dep't 2006).* [ LINK ]
In a precedent setting case, David established that the “illusory tenancy” doctrine applied to apartments covered by the Loft Law, enabling his clients, the victims of a rent overcharge scheme by the prime tenants, to argue that they were the lawful regulated tenants.
Kokot v. Barton, 12 Misc.3d 614, 810 NYS2d 889 (Civ.Ct. NY Co. 2006). [ LINK ]
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). [ LINK ]
David obtained rent stabilization rights for his client by convincing 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 with 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.
*David represented tenant as counsel to Himmelstein McConnell Gribben Donoghue & Joseph.
