Loft cases
Acevedo v. Piano Building LLC, -- AD3d --, -- NYS2d --, 2009 NY Slip Op 09085 (App.Div. 1st Dep’t 2009).* [ LINK ]
David won rent stabilization protection for tenants in a former Loft Law unit where the landlord had “bought out” the prior tenant and claimed the unit was free from all regulation. This case solidified and expanded the protections first established by David’s precedent-setting case, 182 Fifth Avenue, LLC v. Design Development Corp. [see below]. The decision was also featured in the New York Law Journal.
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.
Tan Holding Corp. v. Eklund, 33 AD3d 487, 823 NYS2d 31 (1st Dep’t 2006). [ LINK ]
Forrester v. American Package Co., Inc., 55 AD3d 787, -- NYS2d – (2d Dep’t 2008). [ LINK ]
American Package Co., Inc. v. Kocik, 55 AD3d 762, -- NYS2d – (2d Dep’t 2008). [ LINK ]
Sima Realty LLC v. Philips, 282 AD2d 394, 724 NYS2d 51 (1st Dep’t 2001).
In these four cases, David, representing residential loft tenants, defeated the landlord’s claim for rent or “use and occupancy” because the building lacked a proper certificate of occupancy.
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.
VVV Partnership v. Moran, 10 Misc.3d 130A, 2005 NY Slip Op. 51958U (App.Term 1st Dep't 2005). [ LINK ]
182 Fifth Avenue, LLC v. Design Development Concepts, Inc., 300 AD2d 198, 751 NYS2d 739 (1st Dep’t 2002).
In these two cases, David established that tenants of lofts formerly covered by the Loft Law are protected by rent stabilization despite the landlord’s “buy out” of the prior tenant’s rights and a nominally “commercial” lease.
VVV Partnership v. Moran, 10 Misc.3d 130A, 2005 NY Slip Op. 51958U (App.Term 1st Dep't 2005). [ LINK ]
182 Fifth Avenue, LLC v. Design Development Concepts, Inc., 300 AD2d 198, 751 NYS2d 739 (1st Dep’t 2002).
In these two cases, David established that tenants of lofts formerly covered by the Loft Law are protected by rent stabilization despite the landlord’s “buy out” of the prior tenant’s rights and a nominally “commercial” lease.
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.”
David obtained rent stabilization rights for his client by convincing court that separately rented rooms in a theater constituted “housing accommodations.”
Wolinsky v. Kee Yip Realty, Inc., 2 NY3d 487, 779 NYS2d 812 (2004). [ LINK ]
David represented the tenants in this precedent setting case from the Court of Appeals establishing parameters loft tenants’ rights under rent stabilization.
David represented the tenants in this precedent setting case from the Court of Appeals establishing parameters loft tenants’ rights under rent stabilization.
Miller v. Margab Realty, LLC, NYLJ, Apr. 11, 2001, p. 19, col. 2 (Sup.Ct. NY Co.).
David won rent stabilization protection for the tenants and eventually negotiated a $1.4 million “buy out” for his clients.
David won rent stabilization protection for the tenants and eventually negotiated a $1.4 million “buy out” for his clients.
Tan Holding Corp. v. Wallace, 187 Misc.2d 687, 724 NYS2d 260 (App.Term 1st Dep't 2001).
David secured the first appellate decision holding that tenants of residential lofts not subject to the Loft Law could be protected by rent stabilization.
David secured the first appellate decision holding that tenants of residential lofts not subject to the Loft Law could be protected by rent stabilization.
Phoenix Four, Inc. v. Albertini, 245 AD2d 166, 665 NYS2d 893 (1st Dep’t 1997).
David successfully argued that residential loft tenancies could be subject to rent stabilization, resulting in settlement that garnered his client a lifetime lease.
125 Church Street Development Co. v. Grassfield, 170 Misc.2d 1, 648 NYS2d 515 (Civ.Ct. NY Co. 1996).
David obtained right of subtenant to conduct deposition of “prime tenant” and owner of building covered by the Loft Law, providing leverage for an eventual $150,000 settlement.
David obtained right of subtenant to conduct deposition of “prime tenant” and owner of building covered by the Loft Law, providing leverage for an eventual $150,000 settlement.
