• Mistakes = Dismissal of Summary Proceedings

    Two recent cases, one from Bronx Civil Court and the other from Nassau County District Court, remind us of the harsh reality that avoidable mistakes made in the preparation of predicate notices and the pleadings will result in the dismissal of your summary proceeding. The Court in 3414 KNOS LLC v. Bryant, L&T 014058/10, NYLJ 1202477575221, at *1 (Civ., BX, Decided December 30, 2010) dismissed a nonpayment proceeding after Respondent defaulted, the warrant of eviction was issued and after Respondent defaulted in appearing on the initial return date of his motion to vacate the default judgment and warrant. Respondent, represented by ...

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    Thursday, February 10th, 2011

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  • 2011: National Labor Relations Board Issues Final Ruling

    By Arthur Yermash, Esq. The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice. Employers should begin posting the notice on January 31, 2012. The notice, in English and other applicable languages, can be found online at https://www.nlrb.gov/poster. Private-sector union and nonunion employers are required to post this government notice informing employees of their legal rights under the NLRA. The notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a ...

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    Thursday, November 11th, 2010

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  • Self Help and Unlawful Evictions

    This month’s blog will begin to discuss a topic that will be revisited in future installments: Is a commercial landlord entitled to engage in self-help to recover possession of demised premises and, if so, under what circumstances and what are the potential damages available to a tenant if the landlord acts improperly? Two recent decisions, the first from the Supreme Court, Appellate Term, First Department and the second from the Supreme Court, Suffolk County (Spinner, J.) are a good starting point. In Sol De Ibiza, LLC v. Panjo Realty, Inc., 570805/09, NYLJ 1202472860256, at *1 (App. Term, 1st Dep’t, decided September 22, ...

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    Wednesday, November 10th, 2010

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  • Service of Process

    We know that the failure to comply with the rules governing service of predicate notices and pleadings can result in the dismissal of your proceeding. Similarly, knowing the intricacies of the rules regarding service can save what might appear to be defective service and result in unexpected benefits. An often overlooked decision by the Supreme Court, Appellate Term, supports an award of a default money judgment where service of the notice of petition and petition was accomplished by affixing the papers to the door of the subject premises and mailing the papers by certified and first class mail. Avgush v. Berrahu, ...

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    Sunday, October 10th, 2010

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  • Part II: Default Notices and Terms of a Lease

    Last month’s blog discussed defective default notices and the need to strictly comply with lease provisions. We continue that theme this month with two cases recently decided by Nassau County District Court Judge Scott A. Fairgrieve. In The Retail Property Trust v. SHNS Corp. d/b/a J&A Gallery, 003192/10, NYLJ 1202464430374, at *1 (Dist., NA, August 4, 2010) Judge Fairgrieve granted a tenant’s motion to dismiss based on a defective default notice that was required by the lease. In this case the parties’ lease required landlord to serve a ten (10) day notice upon the tenant for a default in the ...

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    Friday, September 10th, 2010

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  • August 17 – East End Executive Breakfast with Congressman Lee Zeldin

    Legislative Update with Lee Zeldin Wednesday, August 17, 2016 8:00 am to 10:00 am Sea Star Ballroom 431 East Main Street, Riverhead, NY 11901 Our next East End Executive Breakfast will feature guest speaker United States Congressman Lee Zeldin as he discusses his New Era of American Strength, which includes policies to: • Help grow our economy and middle class • Shut down job-killing red tape hurting our small businesses • Help businesses create good jobs and raise wages • Reform and simplify our tax code The event is complimentary but reservations are required. Please RSVP by August 15 to Victoria Tringone at Vtringone@cmmllp.com or (631) 738-9100 Now serving in our nation’s capital, ...

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    Tuesday, July 20th, 2010

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  • Default Notices and Terms of a Lease

    Two recent cases serve to remind us of the importance of carefully drafting default notices and strictly complying with the terms of a lease. In the first case, deficiencies in a default notice resulted in the dismissal of a commercial holdover proceeding. In the second, the failure to strictly comply with the surrender clause of a sublease resulted in a judgment against the subtenant in excess of $1.0 million. The Supreme Court, Appellate Term, in 240 West 37th LLC v. BOA Fashion, Inc., 2009 NY Slip Op 51823U; 24 Misc. 3d 145A; 899 NYS2d 63 (App. Term, 1st Dep’t) reversed the ...

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    Saturday, July 10th, 2010

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  • October 5 – McDonald to Speak at HIA-LI Health & Wellness Conference

    Save the date for the HIA-LI Health & Wellness Conference featuring Bill McDonald on Wednesday, October 5 at IBEW, 370 Motor Parkway in Hauppauge.  McDonald, chair of the Healthcare department at CMM, will speak on a panel from 8:00 – 10:00 a.m. with a focus on leveraging creative healthcare solutions in the ACA environment.  Breakout seminars on topics such as “Latest Trends in Workplace Stressors” and “Sitting is the New Smoking” will follow. Register here:  http://www.hia-li.org/event_detail_wf2.cfm?eventid=842 McDonald counsels healthcare providers, practices, and hospitals in myriad issues in the ever-changing healthcare space.  His work includes the defense of doctors in hospital privileges ...

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    Sunday, August 25th, 1996

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  • October 21 – Rassiger to Moderate HIA-LI Energy & Environmental Conference

    At the eighth annual HIA-LI Energy & Environmental Conference, Donald J. Rassiger will moderate a panel discussion at 10:15 a.m. about energy efficiency programs and new technologies to help businesses save money.  The conference will take place at IBEW, 370 Motor Parkway in Hauppauge.  The Executive Breakfast at 8:00 a.m. will feature keynote speakers from National Grid and PREG Long Island who will share updates and initiatives impacting local business.  Register here. A member of our Corporate department, Don focuses on contract drafting and negotiation, specifically in the construction and IT sectors, as well as M&A transactions.  Don previously handled corporate finance ...

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    Sunday, August 28th, 1994

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  • October 26 – CMM Executive Breakfast: Campolo Presents “Winning: Incorporating Jack Welch’s Management Lessons into Your Business”

      Winning: Incorporating Jack Welch’s Management Lessons into Your Business Please join us for breakfast, networking, and a look at the management style of Jack Welch, whose get-it-done approach to leadership pivoted GE to worldwide success.  Joe Campolo will share lessons from Welch’s popular business bible, Winning, and how Welch’s honest and be-the-best style of management can be put to work at your organization.  Business owners, executives, and those who are serious about career success can all find a helpful new perspective in Welch’s words. This seminar will focus on the most critical of these lessons.   Event Details Date: Wednesday, October 26, 2016 Location: Courtyard Marriott, 5000 ...

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    Saturday, August 27th, 1994

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Fred Eisenbud