Entries tagged: real estate

Tenant Liability in Commercial Leases

By: Patrick McCormick, Esq.

Posted: August 23rd, 2013

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This article will address two recent appellate court rulings involving commercial leases and the tenant’s liability for certain damages incurred by the landlord. The first, from the Appellate Division, First Department, involves an action by a landlord against a tenant for damages resulting from a flood caused by a rusted gauge on tenant’s supplemental HVAC […]

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Derivative Claims in Landlord/Tenant Court

By: Patrick McCormick, Esq.

Posted: June 24th, 2013

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In a case of apparent first impression in New York, in Gorbrook Associates Inc., and Norman Fishman, derivatively on behalf of Gorbrook Associates, Inc., v. Ilene Silverstein, John Doe and Jane Doe1, Judge Scott Fairgrieve held that the summary holdover proceeding was properly instituted derivatively by a shareholder on behalf of the corporation. The petition […]

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Death of a Tenant

By: Patrick McCormick, Esq.

Posted: April 10th, 2013

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Suppose you are a landlord and lease space, commercial or residential, to an individual tenant. Tenant timely pays rent for a while but, suddenly, rent payments stop. Upon investigating, you learn that the tenant has died. Does the death terminate the lease? Is a nonpayment proceeding available to obtain possession of the premises? While not […]

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Negotiating Strategies for Buying a Home (Part 2)

By: Joe Campolo, Esq.

Posted: March 9th, 2013

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Negotiating Strategies for Buying a Home (Part 1) was published last month. It covered tips for buying, strategies and negotiating. Real Life Example THE MARKET: A seller’s market WHO: Hannah, a first-time homebuyer who had been going to open houses for months. THE HOUSE: One day she drove down a side street and spotted a […]

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Split Decision – Nonpayment Proceedings Against Month-to-Month Tenants

By: Patrick McCormick, Esq.

Posted: February 10th, 2013

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In 1400 Broadway Associates v. Henry Lee and Co. of NY, Inc.,1 the parties’ commercial lease expired January 31, 1990 and the tenant, who did not realize the lease had expired, continued to make monthly rent payments, in the amount set forth in the expired lease, for six months. The tenant learned that the lease […]

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Negotiating Strategies for Buying a Home (Part 1)

By: Joe Campolo, Esq.

Posted: February 9th, 2013

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  Negotiation strategy is different from negotiation style. From pit bull to diplomat, each of us has a personal style. But the strategy for negotiating the purchase of a home is based on facts: the real estate market at the moment and what we know about the seller’s needs and the property. Market knowledge courses […]

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Landlord/Tenant Issues: Recent Appellate Cases

By: Patrick McCormick, Esq.

Posted: December 10th, 2012

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Two appellate courts recently rendered decisions discussing landlord/tenant issues. The decisions, while breaking no new ground, do point out what can happen when parties fail to properly memorialize their landlord/tenant relationship and when a landlord fails to act to correct defective conditions in commercial premises. The first case is Joylaine Realty Co., LLC v. Samuel1 […]

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Landlord/Tenant Issues: Recent New York Cases

By: Patrick McCormick, Esq.

Posted: October 24th, 2012

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There have been numerous recent decisions by appellate and trial courts involving landlord/tenant disputes covering a wide variety of issues. A few of those decisions are discussed in this article. In a decision dated October 5, 2012, the Appellate Term, First Department in C&A 483 Broadway, LLC v. KLMNI, Inc.,1 discussed Yellowstone injunctions. In a […]

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Yellowstone Injunctions… Pitfalls and Perils

By: Patrick McCormick, Esq.

Posted: September 10th, 2012

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Public policy in New York seeks to avoid forfeiture of leases.1 What is commonly referred to as a Yellowstone injunction is a procedural mechanism used by tenants in furtherance of that policy.2 As succinctly stated by the Court of Appeals: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted by […]

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Amendment to Conform to Proof; Sufficiency of Rent Demand and Proof of Damage

By: Patrick McCormick, Esq.

Posted: June 10th, 2012

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As summer winds down, I thought the best way to ease into autumn would be to examine certain jurisdictional and proof issues that pop up over and over again in summary proceedings. Thankfully, the Courts have provided relevant decisions worthy of discussion. The first is from Nassau County District Court Judge Scott Fairgrieve which discusses […]

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