Grill, Schieber and Tare Victorious on Behalf of Medical Office Tenant

July 8, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction

David M. Grill, Evan Schieber and Joshua M. Tare successfully defeated a Brooklyn landlord’s holdover petition seeking to evict a long term medical office tenant, preserving a tenancy and lease with more than ten (10) years remaining on the term.  Prior to retaining Rivkin Radler, the Landlord allegedly served upon the client a Notice to Cure, which expired by its own terms.  As a result of being retained after the expiration of the Notice to Cure, the Firm was unable to seek a Yellowstone injunction, which is typically sought after the service of a Notice to Cure and prior to its expiration in order to provide a tenant with additional time to cure any alleged default or dispute the alleged default.  As a result, the Landlord terminated the tenancy and long term lease and commenced a holdover proceeding seeking to obtain possession of the leased premises.  In granting our pre-answer motion to dismiss the proceeding, the Court found that the Notice to Cure served by the landlord was defective because, among other reasons, the Notice to Cure did not properly delineate between “the base rent and additional rent and/or specify when the amount became due”, and the Notice to Cure did not “unequivocally and unambiguously” advise the tenant “how it violated the lease and the conduct required to prevent eviction.”  As a result of the dismissal of the holdover proceeding the client’s tenancy was not terminated and the long term lease was reinstated.

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