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DECISIONS

Landlord Bench Trial Decision

Warren S. Dank, Esq., P.C. commenced an action against Defendants for cause of action sounding in breach of contract, quantum merit, and unjust enrichment. After this action having come on for a bench trial, and after the issues having been duly tried, the Court rendered a decision in favor of Plaintiff as against Defendants after trial.

Landlord Bench Trial Decision

Commercial Foreclosure Action Decision

Warren S. Dank, Esq., P.C. commenced a commercial mortgage foreclosure action against Defendant-Borrower. Our firm moved for a default judgment as to liability in favor of Plaintiff as against Defendant-Borrower and for an appointment of a Referee to compute pursuant to RPAPL & 1321 in which the Court granted Plaintiff’s motion on default.

Commercial Foreclosure Action Decision

Lenders Motion

Warren S. Dank, Esq., P.C.’s cross-motion was granted compelling successful bidder at a prior commercial auction to close in lieu of a pending appeal filed by the prior fee owner and denied successful bidder’s order to show cause to vacate prior order as a result of not be able to allegedly obtain title insurance.

Lenders Motion to Compel Successful Bidder to Close Transaction

Owner Granted Summary Judgment in Partition Action

Warren S. Dank, Esq., P.C. commenced an action against Defendants alleging a cause of action sounding in partition concerning a property located in Forest Hills, New York. Our firm moved for summary judgment in favor of Plaintiff as against Defendants for partition and sale. The Court granted Plaintiff’s motion for summary judgment to the extent of appointing a Referee to conduct an accounting and to ascertain rights, shares, and interests of the parties in the subject property.

Owner Granted Summary Judgment in Partition Action

Commercial Foreclosure Action Decision

Warren S. Dank, Esq., P.C. commenced a commercial mortgage foreclosure action against Defendant-Borrower. Our firm moved for a default judgment as to liability in favor of Plaintiff as against Defendant-Borrower and for an appointment of a Referee to compute pursuant to RPAPL & 1321 in which the Court granted Plaintiff’s motion on default.

Commercial Foreclosure Action Decision

Latest Trial Decision

Our firm was granted a judgment of possession after trial defeating tenant’s defense that it exercised an option to extend its lease for an additional five years.

Latest Trial Decision

124 Ridge Decision

We were successful in defeating tenant’s motion for a preliminary injunction seeking to enjoin the landlord from continuing construction at the premises.

124 Ridge Decision

424 East 9th Summary Judgment Decision

Our firm represented a commercial landlord against the tenant who wanted the court to reform its lease relating to the payment of the real estate taxes. We were successful in having the court deny tenant’s relief and granted the landlord summary judgment declaring that the lease as written shall be in full force and effect.

424 East 9th Summary Judgment Decision