Honig, Antar and Ross Secure Eviction and $1.36 Million Judgment

Jeremy Honig, Mark Antar and Burton Ross successfully prosecuted a commercial holdover proceeding in New York County on behalf of Brickman, a midsized real estate investor and landlord, securing the eviction of a defaulting tenant that had leased three floors of the building known as 229 West 36th Street, New York, NY, as well as a money judgment for $1.36 million representing outstanding arrears and attorney’s fees.

The tenant had initially moved to dismiss the proceeding, and the Rivkin team responded with a cross-motion for summary judgment for possession and damages. After briefing and argument, the Civil Court denied the tenant’s motion to dismiss and granted Rivkin’s cross-motion to the extent of awarding possession to the landlord and setting the matter down for a trial on the issue of damages.

The Rivkin team pushed to have the ensuing warrant of eviction executed through the City Marshal, and successfully defeated the tenant’s Order to Show Cause for a stay. The team was then able to secure a favorable settlement of the damages trial under which the tenant consented to a money judgment in the amount of $1.36 million, representing almost all of the outstanding rent, additional rent and attorneys’ fees claimed in the proceeding.