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The Court of Appeals affirmed summary judgment in favor of my client, a commercial landlord, on a liquidated damages clause after the tenant abandoned the property and the lease was terminated. (My oral argument appears as number 228, the last argument on November 19, here about 10 minutes into the video.)
172 Van Duzer Realty Corp. v. 878 Education, LLC, 142 A.D.3d 814 (1st Dept. 2016)
The Appellate Division reversed an order dismissing the complaint in an action for fraudulent conveyance of the assets of a for-profit trade school in the unique circumstance where the school’s principals contracted for the compensation to be paid to them personally. The Court accepted the argument that this fact pattern is within the doctrine that transfers to insiders of the corporate transferor are presumptively fraudulent.
Pacific Dean Realty, LLC v. Specific St. LLC, 105 A.D.3d 827 (2nd Dept. 2013)
The Appellate Division affirmed summary judgment on defendant tenant’s counterclaims for a portion of a condemnation award. The Court agreed that the defendant’s failure to comply strictly with the terms of its option to obtain its portion did not invalidate its exercise of the option.