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Commercial Real Estate Litigation

Maspeth Federal Savings and Loan Association v. Richard O’Connell, Citibank, N.A.; Index No.: 714302/20; (Sup. Ct. New York Co.) – Successfully defended appellant in a lawsuit in which the Second Department reversed a trial court determination that a mortgage lender was barred from satisfying its debt in a surplus funds proceeding because it “elected its remedy.” The higher court held there was neither a statute of limitations issue nor a problem resulting from the fact the junior lien commenced a separate foreclosure action.

Capital One Bank, N.A. v. ROZA LLC; Index No.: 713117/2015; (Sup. Ct. Queens Co.) – Commenced action for declaratory judgment and damages in Supreme Court where commercial landlord constructed an emergency egress staircase from the basement and through the leased premises without first obtaining the Tenant’s permission. After extensive discovery, including more a dozen deposition dates and myriad subpoenas, the case was settled on the day before the trial was scheduled to go forward. The Landlord agreed to terminate the Lease (a client priority) and compensate the Tenant for the taking in the amount of $1 million.

22-12 Jackson Avenue LLC v. Yellow Apple Management Corp; (Civ. Ct. Queens Co. Index Nos. L&T 063340/2016 and 51811/2016)– Defended commercial tenant, a taxi-stand in Long Island City, from a holdover action. Case was initially brought under Index No.: 51811/16 and discontinued in response to a motion to dismiss which demonstrated the Landlord’s failure to properly terminate the lease. After the Landlord brought a second holdover action, the firm filed a second motion to dismiss which revealed additional failures by the Landlord to comply with the Lease. Rather than discontinue a second time, the Landlord agreed to our demands for a $1.3 million dollar cash settlement in addition to a $500,000.00 rent waiver for a total of $1.8 million.

345 Chauncey Street LLC v. FID Holdings LLC, 2020 NY Slip Op 31236 (Sup Ct. Kings Co. 2020) – Successfully defended a lawsuit demanding the return of real estate closing deposit of $135,000.00. In response to allegations that Plaintiff validly terminated the real estate contract via an assignment provision, the firm introduced evidence showing that the termination was not effective and, alternatively, that Plaintiff intended to close the deal notwithstanding.

1 Bruckner LLC v. Bruckner Bar and Grill; Index No.: L&T 900373-2020; (Civ. Ct. Bronx Co.) – Defended commercial tenant from holdover eviction pursuant to the Early Termination provision of the Lease. After filing a motion to dismiss showing the Landlord’s failure to comply with the Lease and applicable law, including relevant Covid-19 defenses, the Landlord waived over $350,000.00 in past due rent and permitted the tenant to remain in the premises for an additional five months. The settlement resolved the Tenant’s debt, limited litigation expenses, and permitted sufficient time to transition to a new location.

Federal National Mortgage Association v. Dufek; Index No.: 2022-3; (Sup. Ct. Schoharie Co.) – Commenced lawsuit for a temporary and/or permanent easement to facilitate a post-foreclosure eviction when mortgage failed to include lot covering the driveway. Motion for preliminary injunctive relief was granted, the Defendants’ motion for a stay pending appeal was successfully opposed, and the Sheriff completed the eviction.

Capital One, NA v. Four Roses LLC; Index No: 652115/2015 (Sup. Ct. New York Co.) – Commenced emergency proceeding for a Yellowstone Injunction on behalf of flagship Manhattan banking location to prevent the Landlord’s premature termination of a commercial lease. Even though in this case the Landlord’s Notice to Cure had expired, the injunction was granted over the Landlord’s opposition because the Tenant was able to establish the Tenant promptly took steps to cure its purported noncompliance with the legal provision of the Lease, even if it hadn’t obtained a formal injunction.

Commercial Business Litigation

Cumanet, LLC v. Murad

FID Holdings LLC v. Courtney Charles, et al.; 2020 NY Slip Op 31236(U)

Stavinsky v. Prof–2013–S3 Legal Title Trust by U.S. Bank…, 60 Misc.3d 410 (2018) 77 N.Y.S.3d 287, 2018 N.Y. Slip Op. 28160

NYCTL 1999-1 Trust v. N.Y. Pride Holdings Inc., 34 A.D.3d 774, 825 N.Y.S.2d 521(2d Dept. 2006)

Realty Equity Holdings 3820 LLC v. P.J. Alizio Realty Inc., 13 A.D. 3d 431, 785 N.Y.S.2d 710 (2d Dept. 2004)

Lubar LLC v. Beckerman, 11 A.D.3d 434 (2d Dept. 2004)

Gastro Corp. & Gordian Group of Hong Kong v. Tosco Properties LTD, 236 A.D.2d 510, 653 N.Y.S.2d 687 (2d Dept. 1997)

Board of Trustees of Maha Lakshmi Mandir Inc. v. Dubey, 56 A.D.3d 504, 867 N.Y.S.2d 210 (2d Dept. 2008)

Vernon Realty Holding LLC v. Singer & River City East LLC, Index No.: 20084-2006, Queens Co. (2009)

Representing Lenders

U.S. Bank National Association v. Baer

U.S. Bank National Association v. Olatunji

Citimortgage, Inc. v. Brausch

Bank of America, N.A. v. Michael Reilly, Index No.: 59860-2013, Westchester Co. (2016)

CitiMortgage Inc. v. Betty Espinal, Index No.: 16840-2010, Kings Co. (2014) ( (Decision granting Summary Judgment)

CitiMortgage Inc. v. Betty Espinal, Index No.: 16840-2010, Kings Co. (2013) (Denying Defendant’s application for bad faith)

Third Federal Savings & Loan Association of Cleveland v. Richard J. Makoujy Jr., Index No.: 12599-2011, Westchester Co. (2013)

Pollard v. Credit Suisse First Boston Mortg. Capital LLC, 66 A.D.3d 826, 887 N.Y.S.2d 626 (2d Dept. 2009)

Alkaifi v. Celestial Church of Christ Calvary Parish, 44 A.D.3d 695, 842 N.Y.S.2d 722 (2d Dept. 2007)

Citibank N.A. v. Plagakis, 8 A.D.3d 604, 779 N.Y.S.2d 576 (2d Dept. 2004)

Citibank N.A. v. Park 100 Condominium Board of Managers, 292 A.D.2d 269, 738 N.Y.S.2d 849 (2d Dept. 2002)

In re Plagakis, 2004 WL 203090

Swiatkowski v. Bank of America NT & AS, 103 Fed. Appx. 431, 2004 WL 1367927 (C.A.2 (N.Y.))

Swiatkowski v. State of New York, 160 Fed. Appx. 30, 2004 WL 3406678

Citibank N.A. v. Swiatkowski, 395 F.Supp.2d 5 (2005)

Press Releases

March 2018

Daniel D. Angiolillo, Retired Justice of Appellate Division, Second Department, Joins Appellate Practice as Of Counsel

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