Glambosky, Honig and Mascia Secure Series of Appellate Victories

Rivkin Radler’s expertise was on full display in a series of appellate victories on behalf of a commercial real estate client.

The team of Erez Glambosky, Jeremy Honig and Henry Mascia worked on behalf of a client, a commercial tenant operating a parking garage in Manhattan. The client faced an onslaught of eviction attempts by its landlord, who alleged that our client failed to repair a parking garage as required by the parties’ lease. The landlord issued multiple notices to cure, and Rivkin Radler responded with multiple motions for a Yellowstone injunction tolling the tenant’s time to cure. The New York Supreme Court, fearing a collapse like the one that recently occurred at a parking garage on Ann Street in lower Manhattan, which killed one person and injured five others, ruled consistently in favor of the landlords, but each time the firm vindicated our client at the Appellate Division, First Department.

On two occasions, the team successfully moved before the First Department using the rarely invoked procedure of CPLR 5704, which allows a motion to obtain direct Appellate Division review of a lower court decision regarding interim relief in an order to show cause. They also obtained an interim stay and a full stay of enforcement of the Supreme Court order pending appeal. The urgent nature of the matters required the firm to prepare the Appellate Division motions within days of the unfavorable Supreme Court order.

Most recently, Rivkin Radler successfully appealed a Supreme Court order granting the landlord a mandatory permanent injunction that required the tenant to vacate the premises entirely for at least four months so that the landlord could perform repairs required by the lease and to post a $1.5 million bond to maintain a Yellowstone injunction. The First Department vacated the mandatory injunction and bond requirement, and instructed Supreme Court to hold a hearing, handing our client a complete appellate victory.