MCC Development Corp. v. Perla, 23 Misc.3d 1126(A), 2009 WL 1360878, New York Law Journal, May 29, 2009 (Sup. Ct. N.Y. Co.):  Commercial Division granted our motion for summary judgment and dismissed complaint against all defendants based upon plaintiff contractor's failure to comply with conditions precedent in AIA long-form construction contract.

Board of Managers of Bayside Plaza Condominium v. Mittman, 50 A.D.3d 718, 855 N.Y.S.2d 230 (App. Div., 2d Dept. 2008):  Appeal to Second Department by condominium's Board of Managers concerning the scope of a commercial unit owner's express easement over the condominium's common areas.

Daniel Perla Assoc. L.P. v. 101 Kent Associates, Inc., 40 A.D.3d 677, 836 N.Y.S.2d 630 (App. Div., 2d Dept. 2007):  Successful appeal to Second Department, which reversed trial court, applied the Statute of Frauds, and granted summary judgment to foreclosing mortgagee on appeal.

Truong v. American Bible Society, 367 F. Supp.2d 525 (S.D.N.Y. 2005):  Court dismissed lawsuit that sought to compel our client to place “warning stickers” in copies of the Bible.

Barbour v. Knecht, 296 A.D.2d 218, 743 N.Y.S.2d 483 (App. Div., 1^st Dept. 2002):  Successful appeal by Board members and cooperative corporation to First Department, which reversed trial court’s granting of summary judgment in favor of a disgruntled shareholder against the Board and the co-op.  This opinion was the "Decision of the Day" in the New York Law Journal and the subject of commentary in such publications as the New York Real Estate Reporter.

Baisi v. Gonzalez, 97 N.Y.2d 694, 739 N.Y.S.2d 92 (Ct. App. 2002):  Successful appeal to the highest court in the State of New York, which unanimously reversed two courts below and held that a landlord could be held liable for injury caused by tenant’s pit bulldog.

Knecht v. Horrigan, 290 A.D.2d 222, 736 N.Y.S.2d 5 (App. Div., 1^st Dept. 2002):  Appeal in action between cooperative shareholders where one party sought specific performance of contract for sale of shares under a shareholder agreement's "right of first refusal."

Wheeler v. Andriani, 29 Housing Ct. Rptr. 122C, New York Law Journal, March 19, 2001 (App. Term, 1^st Dept.):  Appeal in action between residential tenant and landlord over commingling of security deposit and purported damage to unit after end of lease.

Michael Werner, Inc. v. L&B 595 Madison, Inc., 28 Housing Ct. Rptr. 66A, New York Law Journal, February 20, 2000 (Sup. Ct. N.Y. Co.):  Successful motion for summary judgment resulting in dismissal of four of five claims against commercial landlord and dismissal of all claims against managing agent and broker. 

Lewis v. Triborough Bridge & Tunnel Authority, 77 F. Supp.2d 376 (S.D.N.Y. 1999):  Successful opposition to defendants’ motion to dismiss federal sexual harassment and discrimination lawsuit on variety of theories. 

Schippers v. Mass, 27 Housing Ct. Rptr. 100B, New York Law Journal, February 24, 1999 (Civ. Ct. Kings Co.):  Successful motion for award of attorneys’ fees on behalf of rent stabilized tenant.  Substantive decision dismissing petition against tenant also reported (see below).

Schippers v. Mass, 26 Housing Ct. Rptr. 599A, New York Law Journal, November 4, 1998 (Civ. Ct. Kings Co.):  Successful motion for dismissal of personal use holdover proceeding commenced against rent stabilized tenant.  Landlord’s acceptance of rent waived effect of prior Golub notice.

DiGeronimo v. Amrod, 248 A.D.2d 652, 673 N.Y.S.2d 914 (App. Div., 2^nd Dept. 1998):  Successful appeal of decision below holding that a cooperative shareholder had breached his proprietary lease.  By vacating the Supreme Court decision below, the appellate ruling permitted the shareholder to have a trial of the issue in landlord-tenant court.

L&B 57th Street, Inc. v. E.M. Blanchard, Inc., 143 F.3d 88 (2d Cir. 1998):  Comprehensive and frequently cited decision concerning a “Good Guy” guarantee of a commercial lease.

Planned Systems Installers Co., Inc. v. Network America Systems, Inc., 175 Misc.2d 958, 670 N.Y.S.2d 709 (Civ. Ct., N.Y. Co. 1998):  First reported decision under statute that permitted a landlord to obtain an immediate judgment if the tenant failed to deposit rent during pendency of a summary proceeding.  Trial court ruled in favor of our client and summarily evicted the commercial tenant.

Living Springs Retreat, Inc. v. County of Putnam, 248 A.D.2d 681, 670 N.Y.S.2d 317 (App. Div., 2d Dept. 1998):  Successful defense of religious corporation against quantum meruit claim by contingent fee attorney handling tax exemption application.

L&B 595 Madison, Inc. v. Ravagnan, 242 A.D.2d 413, 662 N.Y.S.2d 29 (App. Div., 1^st Dept. 1997):  Successful appeal on behalf of commercial landlord resulting in reversal of trial judge who misapplied Statute of Frauds to lease dispute.

111 Tenants Corp. v. Stromberg, 168 Misc.2d 1014, 640 N.Y.S.2d 1018 (Civ. Ct., N.Y. Co. 1996):  The seminal decision on what can happen when a shareholder refuses to give the cooperative corporation the key to her unit. 

Orix Credit Alliance, Inc., v. Grace Industries, Inc, 231 A.D.2d 502, 647 N.Y.S.2d 522 (App. Div., 2d Dept. 1996):  Successfully vacated judgment improperly entered by court clerk.

 Nantucket Investors II v. California Federal Bank, 61 F.3d 197 (3d Cir. 1995):  Multi-level appeal from bankruptcy court to Third Circuit on behalf of holder of second mortgage who opposed bankruptcy court’s lifting of a stay in favor of holder of first mortgage.

 In re Executive Life Insurance Co., 38 Cal. Rptr. 2d 453 (Cal App. 2 Dist. 1995):  Represented bank as indentured trustee in appeal concerning one of the largest insolvent insurance company proceedings in history.

 Scaccia Concrete Corp. v. Hartford Fire Insurance Company, 212 A.D.2d 225, 628 N.Y.S.2d 746 (App. Div., 2d Dept. 1995):  Represented public works contractor in action for payment under bond.  Obtained judgment that bond was a “common law” bond, allowing actions to be commenced within longer statute of limitations.

 Rent Stabilization Association of New York v. Dinkins, 5 F.3d 591 (2d Cir. 1993):  Constitutional challenge brought on behalf of RSA, New York’s preeminent landlord association, to invalidate rent stabilization’s “hardship” adjustments.

 In re Johns-Manville Corporation, 920 F. 2d 121 (2d Cir. 1990):  Represented the Trustees of the Manville Property Damage Trust in complex bankruptcy proceedings.

 New York Telephone Company v. Mobil Oil Corporation, 99 A.D.2d 185, 473 N.Y.S.2d 172 (App. Div., 1^st Dept. 1984):  Obtained reversal of order dismissing cause of action against supplier of gasoline for damage caused by leak of underground tank.

 New York Telephone Company v. City of New York, 95 A.D.2d 282, 466 N.Y.S.2d 56 (App. Div., 2d Dept. 1983):  Represented utility against City of New York for costs of relocation of utility equipment.

 Bahor v. New York Telephone Company, 91 A.D.2d 756, 458 N.Y.S.2d 24 (3d Dept. 1982):  Obtained reversal of award by Workers Compensation Board with court finding that there was no substantial evidence supporting the award.

 United States v. Clark, 624 F.2d 3 (2d Cir. 1980):  Successfully defended utility against claim of unlawful surveillance.