Recent Real Estate Litigation
Posted by: Bruce Feffer
March 12, 2010
Topic: Real Estate Updates
A three year legal battle with a defiant commercial tenant came to an abrupt but successful end as SBK assisted a Manhattan building owner in getting the tenant out. The tenant, in addition to repeatedly falling behind in rent payments, had constructed illegal interior rooms in the building basement and roll-down gates to prevent the owner from gaining access. In early 2010, a warrant of eviction was issued by the Landlord-Tenant Court, and the tenant was also held in contempt by the Supreme Court for refusing to pay a penalty imposed by the Court after the illegal construction was not dismantled.
Perhaps sensing the walls closing in on him, the tenant filed a bankruptcy petition in an effort to freeze and delay his eviction. The strategy back-fired when, shortly thereafter, the Bankruptcy Court Trustee swooped in and took possession of the premises and everything in it. Since the commercial lease and inventory was an asset of the estate in bankruptcy, the Trustee had the power to seize it immediately.
The owner will be working with the Bankruptcy Trustee to identify a new and appropriate tenant.
Bruce Feffer represented the building owner in both the Supreme Court and Landlord-Tenant proceedings.
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