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Recent Posts in Prevailing Party Category

HERE KITTY KITTY ....

While Robert Broder was out assisting with Hurricane Irene search and rescue efforts, neighbors complained of foul odors emanating from his Manhattan cooperative. Without notice to Robert, the ...
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LOOKING FOR FREE LEGAL ADVICE?

Free Monthly Legal Clinic for Tenants My office continues to work with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If the owner of your building is harassing you, ...
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LOOKING FOR A FREE LANDLORD-TENANT ATTORNEY?

Free Monthly Legal Clinic For Tenants I continue to work with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with ...
Continue reading "LOOKING FOR A FREE LANDLORD-TENANT ATTORNEY?" »

FREE LEGAL ADVICE

Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you ...
Continue reading "FREE LEGAL ADVICE" »

LOOKING FOR FREE LEGAL ADVICE

Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you ...
Continue reading "LOOKING FOR FREE LEGAL ADVICE" »

DIVE IN!

Kevin Maloney, the owner of the east Penthouse at a Manhattan condominium duplex, agreed he wouldn't apply to the Department of Buildings to enclose any space "appurtenant" to his unit, unless the ...
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LOOKING FOR FREE LANDLORD-TENANT ADVICE?

Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you ...
Continue reading "LOOKING FOR FREE LANDLORD-TENANT ADVICE?" »

WANT FREE LEGAL ADVICE?

Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you ...
Continue reading "WANT FREE LEGAL ADVICE?" »

WANT FREE LEGAL ADVICE?

Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you ...
Continue reading "WANT FREE LEGAL ADVICE?" »

DEFAULT GETS EX-WIFE FEES

In Leiderman v. Leiderman, Susan Leiderman wasn't pleased when the Nassau County Supreme Court denied her request for an award of attorneys' fees against her ex-husband, Jeffrey, who defaulted on an ...
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LANDLORD GETS A $361K HAIRCUT!

Sixteen years is a long time for a rent strike, but that's how long it's taken the case of Solow v. Tanger to reach resolution. (And, it still may not be over, if further appeals are taken.) The New ...
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YOUR "BEST EFFORTS" COULD GET YOU IN TROUBLE

Lawyers often spend months (or years) battling a case on a client's behalf, with the matter often getting resolved shortly before trial. The terms of that resolution will usually be embodied in a ...
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SETTLEMENT MAY MAKE YOU A "PREVAILING PARTY"

James Sykes purchased a newly constructed penthouse apartment from RFD Third Avenue I Associates (RFD) for $3.9 million. Prior to closing, Sykes found a number of problems with the unit and a ...
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NO HEAT OR HOT WATER IN ESTONIA?

In January 2006, the Permanent Mission of the Republic of Estonia to the United Nations began searching for a residence for its Ambassador, Tiina Intelman. The home was also to be used to host ...
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THE NEW "AMERICAN RULE?"

Interesting stuff is happening at the Appellate Division (First Department) these days, particularly when it comes to awarding a "prevailing party" legal fees, costs and disbursements. It ...
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SHOULD I SIGN A LEASE?

Some landlords and tenants believe that written lease agreements are to be avoided at all costs because they bind the parties to the agreed-upon time frame and impede any flexibility to end the ...
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NO LIABILITY FOR LEGAL FEES IN DRUG HOLDOVER

Landlords are required to commence holdover proceedings against their tenants when directed to do so by a duly authorized entity or law enforcement agency, like the District Attorney's office. Upon ...
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PREVAILING PARTY: AND THE WINNER IS...?

In V & J Inc. v. 2320 Rte. 112, LLC, a commercial tenant refused to pay rent claiming that its space had been rendered "unusable," (thus triggering a "constructive eviction"), and that it was not ...
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