Our Results
JH HEIBERGER PLLC and their experienced team together have created one of the most successful boutique real estate law firms in New York. The following cases illustrate our successful representation of our clients.
Featured Results
326 Starr, LLC v. Martinez – Appellate Term 2nd &11th Depts.
The Rent Act of 2015 had been misconstrued by the Courts for several years. This firm convinced the Appellate Term, 2nd and 11th Departments in the case of 326 Starr, LLC v. Martinez, 74 Misc.3d 77 (App. Term, 2nd & 11th Jud. Dist., Dec. 22, 2021) to reverse the Civil Court holding by permitting the calculation of vacancy allowances and improvement costs to the legal rent for the incoming tenant to determine whether the deregulation threshold was met when interpreting the Rent Act of 2015 and stated:
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“The Civil Court held that this language should be interpreted as providing for deregulation only if the legal regulated rent was $2700 or more at the time the apartment became vacant. However, . . . . apartments can be removed from rent stabilization based upon the rent “at any time on or after the effective date of the rent act of 2015, without “reference to the rent at the time” of the vacancy (Altman v. 285 W. Fourth LLC, 31 N.Y.3d at 185, 75 N.Y.S.3d 465, 99 N.E.3d 858) and that would include any available post-vacancy statutory increases.”
830 Eighth Avenue LLC v. Global at 8th LLC- Appellate Division First Department.
This firm successfully reversed the lower Court’s holding. The Appellate Division in reversing held that “The alleged subtenant’s holdover on the premises prevented defendants from surrendering the entire leased premises, thus rendering defendants(tenants) liable for the full rent for the period under the terms of the lease and the guaranty.”
Eide v Marsh- Supreme Court New York.
The ultimate issue was whether the buyers should receive their deposit back after a time of the essence letter was served to close on a 14-million-dollar property contract of sale, where the parties entered into a contract for the address of 332 Parsonage Lane, yet the seller’s deed contained the address of 322 Parsonage Lane. In granting summary judgment in favor of this firm's clients, the buyers, the Court held: “While defendant contends that the documents all contain the same metes and bounds, as well as tax identification number, this information cannot be confirmed without parol evidence. Here, the Court finds that plaintiffs have established that without the reference to parol evidence the state of the title is unclear…they-should not be compelled to perform under the contract.” The deposit was Ordered to be returned to the buyers.
93rd Buildong Corp v Hefti, Appellate Division- First Dept.
The Appellate Division held that even though the tenant was found to be rent stabilized, and not deregulated the terms of the initial deregulated lease would be enforced, including the jury waiver clause.
More Results
Gorgoglione v. Gillenson
Appellate Division awards return of contract deposit to buyer rejected by co-op board when seller refused to return deposit following board denial of sale.
Regency Towers LLC v. Nisanov
Landlord successfully appeals trial court dismissal of nonprimary residence case. Appellate Court finds Landlord successfully established it's prima facie case and Tenant failed to establish substantial nexus to the subject apartment. Landlord awarded possession.
Berman Decision
Landlord defeats Tenants claim for legal fees and damages resulting from complaint alleging the need for mold remediation and temporary relocation.
Cooper Assoc. v Peggy Roughton-Hester
Big win in Appellate Division. Appellate Division affirms Decision of Trial Court after Appellate Term remanded non-primary residence case for re-trial.
Braun v. American-Scandinavian
Property owner granted summary judgment after having established that adjoining land owner had installed footings which encroached on property owner's land without having been granted an easement.
J.H. Taylor Constr. Corp. v. Liguori
Landlord successfully reverses Trial Court on appeal where Appellate Term finds the only realistic interpretation of facts makes it painfully clear that tenant's continued residency places the comfort and health of others in building at constant risk. Landlord awarded possession.