Recent Cases/Results

805 Third New York LLC v. Cohen Fashion Optical of Third Avenue, Inc. et al. (New York Supreme Court, New York County, June 4, 2013): Harwood Reiff LLC represented 805 Third New York LLC, the landlord of a commercial building located at 805 Third Avenue, New York, New York, in an action against a former tenant. On June 4, 2013, the trial court granted judgment to 805 Third New York LLC for breach of lease obligations and ordered a hearing on damages, including attorney’s fees.

International Plaza Associates, LP v. Michael Lacher et al. (Appellate Division, First Department, March 26, 2013): Harwood Reiff LLC represented International Plaza Associates, L.P., the landlord of a commercial building located at 750 Lexington Avenue, New York, New York, on the appeal of a guarantor of lease obligations, from the lower court’s decision granting summary judgment on liability in favor of landlord on a personal good-guy guaranty. On March 26, 2013, the Appellate Division, First Department, affirmed the lower court decision, agreeing with Harwood Reiff’s argument that given the absolute and unconditional nature of the language in the guaranty, the liability of a guarantor may exceed that of the tenant whose contractual obligations are being backed, and that judgment may enter against the guarantor even if the tenant has defenses to nonpayment of rent.

Schindler Elevator Corporation v. 475 Building Company LLC, et al. (Appellate Term, First Department, March 12, 2013): Harwood Reiff LLC represented 475 Building Company, LLC, the landlord in a commercial office building located at 475 Park Avenue, New York, New York, in a case involving Schindler Elevator Corporation, on appeal from a lower court decision dismissing 475 Building Company’s counterclaims alleging contractual nonperformance, based upon a clause in the parties’ contract that purportedly barred counterclaims. On March 12, 2013, the Appellate Term, First Department, reversed the lower court’s decision, agreeing with Harwood Reiff’s argument that the contractual clause barring counterclaims could reasonably be interpreted to apply narrowly to third-party lawsuits, not claims between the contracting parties. Accordingly, the counterclaims were ordered reinstated for consideration by a jury.

CNP Salon, LLC v. Giancarlo De Berardinis (American Arbitration Association, Greenwich, CT, April 2013): We represented CNP Salon, LLC, the purchaser of a high-end salon in Greenwich, Connecticut, in arbitration alleging that following the closing, the purchaser learned that the seller had failed to disclose numerous and costly liens on the salon’s assets. Following commencement of arbitration, the matter settled on very favorable terms in our client’s favor, including removal of all liens by the seller and a substantial cash payment.

Recent Transactions/Deals

• Representation of a real estate investment fund in a corporate restructuring of its holdings to limit liability while retaining tax deferrals under Section 1031 of the Tax Code
• Representation of an owner/developer in acquisition of a multi-property assemblage for over $10 million
• Representation of the board of directors in refinancing a 180-unit, 60,000 square foot building owned by a cooperative corporation (amount undisclosed)
• Representation of the landlord of a 20,000 square foot single-tenant facility in negotiating a new 10-year lease
• Representation of a 50% tenant-in-common owner of a commercial co-op apartment in a sale and leaseback (amount undisclosed)
• Representation of a landlord in negotiating a 10-year restaurant lease in Harlem
• Representation of a landlord in negotiating a 10-year store lease in Bedford-Stuyvesant
• Representation of a property management company in formation and preparation of a master property management agreement
• Representation of an owner/developer in acquisition of a mixed-use property for $4,975,000
• Representation of an owner/developer in a $3,000,000 refinance of a multi-family residential property
• Representation of an owner/developer in acquisition of a mixed-use property for $2,950,000
• Representation of an owner/developer in acquisition of a mixed-use property for $2,635,000 and subsequent $2,000,000 financing
• Representation of an owner/developer in acquisition of contractual rights to purchase a multi-family property for $2,625,000
• Representation of an owner/developer in acquisition of a multi-family property for $2,600,000
• Representation of an owner/developer in restructuring the ownership of a multi-family property in connection with a $2,550,000 refinance
• Representation of an owner/developer in acquisition of a mixed-use property for $1,530,000
• Representation of an owner/developer in acquisition of a multi-family property for $1,365,000
• Representation of an investment fund in formation and raising $1,300,000 to acquire a note secured by a mortgage on a multi-family property
• Representation of investors in acquisition of a 6-unit condominium building for $1,100,000