Shaw & Binder, P.C.

NEWS AND PRESS

 

New York Law Journal Publication:

 

  • Outside Counsel Column: Deregulation Under Rent Stabilization: How Long Must Landlords Keep Records?, published Wednesday, October 28, 2009.

 

Noted officially reported cases:

 

  • In the Matter of IG Second Generation Partners L.P. et al., Respondents, v. New York State Division of Housing and Community Renewal, Office of Rent Administration, Appellant, and Dru Arstark, Intervenor-Appellant, Court of Appeals of New York, (Reversing DHCR and the Appellate Division: Held that DHCR cannot waive (forgive) rent due and owing to the Landlord on equitable grounds)10 N.Y.3d 474; 889 N.E.2d 475; 859 N.Y.2d 598, March 19, 2008, argued, May 6, 2008, decided. 

  • Kaygreen Realty Co., LLC, respondent, v. IG Second Generation Partners, L.P., et al, Supreme Court of New York, Appellate Division, Second Department, (Commercial shopping center ground lease; holding that shopping center tenant must pay increased rent set by appraisal process under lease, reversing trial court), 51 A.D.3d 873; 859 N.Y.S.2d 216; 2008 N.Y. App. Div., 2008;

  • Muller v. DHCR and 327 Central Park West, LLC., Appellate Division, First Department, (Reversing the Supreme Court of New York and DHCR holidng that the “4 year rule” (statute of limitations) protecting Landlords applies to Fair Market Rent Appeals), 263 A.D.2d 296, 703 N.Y.S.2d 80 (1st Dept., 2000), Leave denied, 95 N.Y.2d 763, 715 N.Y.S.2d 216 (2000)

  • In the matter of Gracecor Realty Co., Inc., Appellant , v. William Hargrove, Respondent, Court of Appeals of New York, (Reversing the Appellate Division: Holding RSL applied to certain class “B” residential premises), 90 N.Y.2d 350; 683 N.E.2d 326; 660 N.Y.S.2d 704; 1997

  • Marianne Nestor, Appellant, v. Jay H. McDowell, et al., Respondents, Court of Appeals of New York, (Reversing the Appellate Division held that residential lease clause did not give tenant a right to any attorney fees), 81 N.Y.2d 410, 615 N.E.2d 991, 599 N.Y.S.2d 507 (1993), June 10, 1993;

  • In the Matter of Partnership 92 LP and Building Management Co., Inc., Doing Business as Bristol Management Co., Inc., Appellant, v. State of New York Division of Housing and Community Renewal, Respondent, Supreme Court of New York, Appellate Division, First Department, 46 A.D.3d 425; 849 N.Y.S.2d 43; 2007 N.Y. App. Div., (2007) (complex issues of rent regulation)

  • Matter of 333 East 49th Associates, LP, et al., Appellants, v. New York State Division of Housing and Community Renewal, Office of Rent Administration, Respondent, Supreme Court of New York, Appellate Division, First Department, 40 A.D.3d 516; 837 N.Y.S.2d 63; 2007 N.Y. App. Div., May 29, 2007, (complex issues of rent regulation including Landlord and tenant’s)