Honig, Glambosky and Roberts Achieve Win for Landlord Client
June 26, 2023 |In a fiercely contested real estate litigation dispute, Jeremy B. Honig, Erez Glambosky, and Ryan Roberts secured summary judgment for their client, a commercial landlord, for almost $200,000 in unpaid rent. By written decision, dated June 6, 2023, Justice Arlene Bluth granted plaintiff’s motion for summary judgment in the entirety, awarding $192,747.88 in unpaid rent, dismissing the defendant’s affirmative defenses and counterclaim, and permitting plaintiff to move for attorneys’ fees, representing a total victory for our client.
In its decision and order, the Court soundly rejected defendant’s arguments that it was not bound by the terms of the lease because there was no formal written assignment. The Court found instead that “Defendant cannot sign [an estoppel certificate] where it holds itself out as the tenant and bound by the terms of the lease only to later suggest there was no assignment when it stopped paying the rent.”