Landlord- Tenant Court Bounces Case After Trial- Wrong Court
NYC Housing Court dismisses adversaries case after trial. Ownership of Property and alleged fraudulent lease agreement is for the Supreme Court to determine; wrong court.
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Enforcing Judgments: Corporate Veil’s Successfully Pierced & Fraudulent Conveyances Proven.
Federal Court awards $989,426.13 against judgment debtor’s spouse and several New York corporations which participated in fraudulent conveyances of the debtor’s assets, and which abused the corporate form to hide its assets and to frustrate the creditor’s ability to collect on the judgment.
Cooperative Shareholder Granted Yellowstone Injunction
Cooperative Shareholder Granted Yellowstone Injunction; Interest in the Proprietary Lease Remains Intact; and Court Rebuff’s the Stripping of the Shareholder’s Right to Vote In a Court decision highlighted as a “Decision of Interest” in the New York Law Journal, the...
The Poison Pill in N.Y. Co-op Sales Contracts
The contingency of “unconditional consent” to the transaction by the Co-op Board If you use the “Contract of Sale – Cooperative Apartment” form prepared by the Real Property Section of the New York State Bar Association, there lies a poison pill that you may be...
Commercial Tenants Must Always Take Affirmative Steps to Cure Their Defaults… What Are You Doing?
In a court case that began in February 2014, a trial judge in Brooklyn permitted a night club operator more than two years to demonstrate they could comply with city noise requirements and try to avoid getting their lease terminated. After multiple sound testing by...
Seller of Real Estate and the Broker Liable for Defrauding the Buyer?
Sometimes buyers of real property are unpleasantly surprised by the condition of the property that they just purchased. Often times a buyer will see or inspect the property on less than four occasions before the closing. One such person discovered that the condominium...
Is The U.C.C. Lien Filed Against Your N.Y. Co-op Valid?
In 2001, the New York Uniform Commercial Code was amended to require lenders to amend previously filed U.C.C. liens against your co-op apartment to include a Cooperative Addendum. The amendment (which also governed co-op liens filed after the law went into effect)...
Did Depositing that Check Just Settle Your Dispute?
As a general rule, acceptance of a check in full settlement of a disputed unliquidated claim operates as an accord and satisfaction discharging the claim. We do not see this fact pattern arise very often but you may come across this in your business dealings so take...
The First Department Dismisses Petition on Pleading Defect: $600,000 Judgment Against a Corporate Insider Vacated
In a May 2018 Decision, the Appellate Division of the New York State Supreme Court, First Department, vacated a $661,000 judgment entered against a corporate insider for a company debt incurred from a commercial lease. The lawsuit was commenced in January of 2013 and...
N.Y. Industrial Hemp Pilot Program Gets Input From the Public
The Law Offices of Peter Sverd, PLLC is proud to have submitted comments to the N.Y. State Department of Agriculture with respect to the proposed rules that will govern the State’s reintroduction of industrial hemp as a renewable, sustainable, and profitable, cash...