David M. Grill and Erez Glambosky Win Decision in MHK Realty LLC v. Jade Fountain

December 18, 2012 | Appeals

David M. Grill and Erez Glambosky, partners in the firm’s Litigation and Appeals Group, obtained summary judgment in favor of a New York City commercial restaurant tenant dismissing a Nonpayment Proceeding commenced by the landlord for unpaid rent and water charges.  The Court was not persuaded by any of the landlord’s arguments and derided the landlord’s contention that defects in the Nonpayment Petition were unintentional.  Moreover, the Court adopted the tenant’s argument that the Nonpayment Proceeding was fatally defective in that it sought payment of rent that was undeniably paid to the landlord prior to the commencement of the Nonpayment Proceeding.   

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