- GuardianshipOn occasion, we are required to attend Supreme Court to represent the interests of a Landlord in the context of a proceeding brought by either a relative of the Tenant, or the New York City Department of Social Services, seeking to appoint a Guardian of the person and property of the Tenant, a person who is alleged to be incapable of representing his or her own interests. This proceeding, known as an Article 81 Guardianship proceeding, while addressed primarily to the needs of an allegedly incapacitated person, will of necessity affect the relationship existing between the Landlord and the allegedly incapacitated person. The Landlord’s involvement usually results from Housing Court litigation with the person for whom the Article 81 Guardian is now sought. The Order appointing a Guardian for the Tenant will typically stay any pending Landlord/Tenant litigation and require any further actions by the Landlord with respect to the Tenant be approved in advance by the Court. The Landlord’s interests in these cases must be represented for the Landlord to receive the benefits to which it is entitled as a result of the Landlord/Tenant relationship, including payment of rent, and/or ultimately recapture of possession of the apartment of the Tenant, if that Tenant is indeed incapable of continuing to reside in the apartment. That determination is ultimately made by the Court within the context of the Article 81 proceeding in which medical and/or psychiatric testimony is often the critical or dispositive factor.
- Traffic ViolationsAt times, Landlords are faced with criminal complaints processed in the New York City Criminal Court arising from failure to comply with various building codes. The New York City Fire Department, for example issues violations for the improper maintenance and operation of building plumbing systems, sewer systems and the like. These cases can result in not only a fine but in a conviction under various applicable statutes allowing for same. It is necessary to appear to answer any such summonses in Criminal Court. If the Landlord ownership entity is a corporation, it must appear by an attorney. Often, however, the Summons is issued in the name of an employee of the owner, such as the building superintendent, or the managing agent. Representation of the Landlord in such instances will involve attempting to secure the least onerous financial penalty (fine), and the reduction of the charge from a crime (misdemeanor) to a violation, which is not a crime. A violation is the equivalent of a traffic ticket. As part of the resolution, we will arrange to have the Landlord ownership entity (Corporation, Limited Liability Company or Partnership), substituted as Defendant in the case, in lieu of any individual such as the building superintendent or managing agent.
- Misdemeanors
- Business DisputesIf permitted by law, they can be prosecuted to the next appellate level, the Appellate Division, and thereafter to the final appellate level, the Court of Appeals. We can assist you in determining when an appeal is appropriate, in terms of the possible outcome, and cost effectiveness and when it is not. We are also experienced in handling interim appellate proceedings attendant to an appeal, such as motions for a stay pending appeal often times sought by the party appealing to block implementation of the Court ruling appealed from, while the Appellate Court decides the ultimate outcome of that appeal. An example of a recent appeal handled by the firm was the case of Wellington Fee, LLC v. Cotter. This was a complicated and multifaceted Holdover case brought by the Landlord to evict a Rent Stabilized Tenant for failing to execute and return a renewal lease. Tenant asserted multiple defenses including a claim that he was entitled to receive a preferential rent provided for in the original lease agreement, for however long he remained as a Tenant of the apartment. The Landlord disputed that claim as the original lease and subsequent lease riders indicated that the preferential rent to be received by the Tenant was not intended to be permanent. Additionally, the Tenant claimed that since the building was converted to condominium ownership, that the provisions of Section 352 of the General Business Law (the Martin Act), he could not be evicted by way of a summary proceeding for failing to return a renewal lease, as that was
- Real Estate LitigationFor the two years immediately prior to his joining the firm of Mitofsky & Shapiro, Mr. Mackoff was an associate with a large Real Estate law firm.
- Landlord-Tenant Disputes
- Estate PlanningWILLIAM J. NEVILLE is a member of the firm where he focuses on real estate litigation, representing residential and commercial property owners and the real estate industry. The practice includes solving owners' problems in New York City Civil Court, Supreme Court and Bankruptcy Court. Mr Neville was formerly a member of Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P.C. Clients represented by Mr. Neville include Rose Associates, Empire State Realty Trust, Frankmar Reality, Coalition Houses and GPS Realty, George A. Bowman, Inc. and Lavin Brothers.
- Bankruptcy
- ForeclosureThere is another option available to the Condominium Association and that is to commence a foreclosure proceeding to foreclose upon the Lien of unpaid common charges. This foreclosure option can be extremely costly and time consuming and may even be overridden by a foreclosure proceeding commenced by any bank or lending institution which holds the first mortgage upon the Condominium Unit which is a Lien, superior to that of the Lien for unpaid common charges held by the Condominium Association.