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We Negotiated a $1.25 Million Dollar Buyout of a Long-Standing Loft Tenant Occupying Approximately 2,000 Sq. Feet

December 2006 Settlement of Interest

We negotiated a $1.25 Million Dollar buyout of a long-standing loft tenant occupying approximately 2,000 sq. feet. This was a six-story loft building in Tribeca. A developer was seeking to purchase the building and re-position it. The selling Landlord and Tenant (our client) sued one another. Landlord contended the loft was not Tenant's primary residence. The Landlord, however, had failed to provide essential services and the building was in dismal shape. Although Tenant could have continued operating his business there, Tenant and Tenant's disabled spouse were constructively evicted from the premises as a residence. The incoming developer, recognizing the serious nature of the provable claims against the departing Landlord, together with the determination of Tenant to get a fair number for a buyout of Tenant's rights, resulted in us negotiating a very satisfactory result for the Tenant.

Brocros v. Milling
(Civ. Ct. N.Y. Cty. 3/15/05)

Defendant/Tenant's motion to consolidate this plenary action arising from a landlord-tenant dispute with a summary proceeding pending in Housing Court granted because the two cases arise from the same nucleus of operative facts and share the same witnesses, even where Plaintiff/Landlord claims it will be prejudiced because a summary proceeding pending for two years will be further delayed by consolidation. Moreover, Defendant/Tenant allowed to amend its answer to added causes of action arising out of Landlord's harassment.  Link to Full Text of Decision

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