Appellate Advocacy

At Horing Welikson and Rosen, P.C. our clients are represented by attorneys that are educated and experienced in appeals in New York State and Federal courts with respect to each of the firm’s practice areas. The firm has represented landlords in numerous precedent-setting appellate cases dealing with the rights of landlords. Significant cases handled with success by the attorneys of Horing Welikson and Rosen, P.C. include:

  • Mayflower Development Corp. v. Deri, 36 Misc.3d 128(A), 953 N.Y.S.2d 550 (App. Term 2012)

Supreme Court, Appellate Term, First Department determined tenant’s pre-answer motion to dismiss holdover petition should have been denied. Landlord demonstrated that tenants were given the requisite lease notice that the apartment would be deregulated upon the expiration of the J-51 tax abatement period. Holdover petition reinstated in favor of landlord.

  • Clermont York Associates v. Feher, 31 Misc.3d 10, 919 N.Y.S.2d 265 (App. Term 2011)

Landlord commenced holdover proceeding against rent-stabilized tenant. Civil Court, New York County granted landlord possessory judgment and awarded landlord use and occupancy. Tenant appealed. Supreme Court, Appellate Term, New York affirmed possessory judgment based on tenant’s lease violation.

  • Watkins v. Alpert, 180 F. App’x 295 (2d Cir. 2006)

Bankruptcy court order lifted automatic stay thereby permitting landlord and creditors to enforce their rights through state-court proceedings to evict tenant. District Court affirmed order of the bankruptcy court. Tenant appealed, and United States Court of Appeals, Second Circuit affirmed the decision of the district court.

  • Smith v. Tenshore Realty, Ltd., 31 A.D.3d 741 (2d Dep’t 2006)

Letter requesting extension of mortgage contingency cancellation date under a real estate purchase contract and attempting to cancel the contract in the same letter if the extension is not granted is an anticipatory breach of the contract of sale.

  • Velazquez v. Equity LLC, 28 A.D.3d 473, 814 N.Y.S.2d 182 (2d Dep’t 2006)

Letter requesting extension of mortgage contingency cancellation date under a real estate purchase contract and attempting to cancel the contract in the same letter if the extension is not granted is an anticipatory breach of the contract of sale.

  • Klein v. New York State Division of Housing and Community Renewal, 17 A.D.3d 186, 795 N.Y.S.2d 520 (2005)

Supreme Court, Appellate Division, First Department held that the Landlord provided adequate notice to tenants regarding the decontrol of tenant’s apartment. Denied the tenant’s Article 78 Petition and dismissed the DHCR proceeding, which sought to remand the matter, finding in favor of Landlord.

  • Sherry House Associates v. Kaye, 167 Misc.2d 729, 643 N.Y.S.2d 881 (App. Term 1996)

Landlord commenced holdover proceeding against rent-stabilized tenant based on illegal subletting. Civil Court, New York County erred when it dismissed the proceeding upon the ground that tenants’ original lease did not contain a clause restricting subletting. Supreme Court, Appellate Term, ultimately held for landlord, finding the rent stabilization statute governed subletting in absence of clause restricting subletting in original lease.

  • Otiniano v. Magier, 181 A.D.2d 438, 580 N.Y.S.2d (1992)
  • JRD Management Corp. v. Eimicke, 148 A.D.2d 610, 539 N.Y.S.2d 667 (1989)

DHCR awarded a tenant a rent rollback after the landlord failed to submit leases revealing the rent history of a particular apartment. Landlord demonstrated that DHCR failed to act consistently with prior determinations in not deciding the underlying proceeding in accordance with the law in effect at the time of the determination of the case, but rather applying the law as it existed at the time the initial rent overcharge complaint was filed without offering a rational reason for the lack of consistency. The Supreme Court, Appellate Division, Second Department determined the inconsistent application of the law was arbitrary and capricious, and must be reversed and remitted for a new determination.

  • Iltit Associates v. Sterner, 63 A.D.2d 600, 405 N.Y.S.2d 68 (1978)

AAMICUS CURIAE SUBMITTED WITH RESPECT
TO THE FOLLOWING CASES: 

  • Grimm v. State Div. of Hous. & Cmty. Renewal Office of Rent Admin.,

15 Y.3d 358, 938 N.E.2d 924 (2010) (Niles C. Welikson of counsel) for Community Housing Improvement Program, submitted amicus curiae to Court of Appeals, which was integral in modifying the language utilized by the Appellate Division.

  • Brusco v. Braun,