Glambosky & Meisel Secure Multimillion-Dollar Judgment for Landlord

December 7, 2021 | Real Estate, Zoning & Land Use | Commercial Litigation

Erez Glambosky and Matthew Meisel were successful in obtaining both a substantial judgment and sweeping relief on their motion for summary judgment on behalf of Rivkin Radler’s landlord client.

In the case, CA 522 Fulton LLC v Science Language & Arts, Index No. 652477/2021, the landlord, CA 522 Fulton LLC (“CA 522”), commenced an action against its former tenant, Science Language & Arts, LLC (“SLA”), based upon SLA’s failure to pay rent owed to CA 522, in breach of the terms and conditions of the lease. In the case, plaintiff sought $6,107,421.03, the rental arrears owed as of the lease termination date.  CA 522 also sought money damages for the accelerated rent due and owing under the terminated lease.

SLA, in an attempt to delay the adjudication of the action, brought a motion seeking to change venue. Aggressively, and in addition to opposing SLA’s motion, CA 522 cross-moved for summary judgment.

Pursuant to a Decision and Order issued by Judge Jennifer Schecter, dated December 3, 2021, the Court adopted all of Rivkin Radler’s arguments. It denied SLA’s motion to change venue and granted CA 522’s cross-motion for summary judgment in its entirety.

The decision grants CA 522 the full $6,107,421.03 plus 10 percent contractual interest. In addition, the Court granted CA 522 liability on its claim for the accelerated rent due under the lease, in addition to its cause of action for attorneys’ fees. Through an aggressive litigation strategy, Rivkin procured ultimate relief for its client.

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