Entries tagged: real estate

Mistakes = Dismissal of Summary Proceedings

By: Patrick McCormick, Esq.

Posted: February 10th, 2011

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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 […]

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Self Help and Unlawful Evictions

By: Patrick McCormick, Esq.

Posted: November 10th, 2010

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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, […]

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Service of Process

By: Patrick McCormick, Esq.

Posted: October 10th, 2010

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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 […]

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Part II: Default Notices and Terms of a Lease

By: Patrick McCormick, Esq.

Posted: September 10th, 2010

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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 […]

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Default Notices and Terms of a Lease

By: Patrick McCormick, Esq.

Posted: July 10th, 2010

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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 […]

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