I have a commercial lease with what I consider a slum-lord in nyc. I signed a lease without having an attorney review it, which was my mistake. I trusted my Broker with getting me a good lease.
The case is basically, I had about a total of 10 days of working a/c at my office for the entire summer. Conditioned air is the responsibility of LL according to my lease. I had a verbal agreement from the LL about compensation, but he backed out within 48hours. Now I'm looking to take him to court. My monthly rent amount is about 15,000. I have 3 owners on the lease.
1. Can each owner take the LL to court for 33% of 1 month's rent (5K) so I can file this with our small claim court?
2. Also, there is a statement in my lease: Tenant further agrees that it shall not interpose any counterclaim or counterclaims ina summary proceeding...
I was told by a friend that because of this line, I am required to take the person to Supreme Court. Is it true that small claims is considered a summary proceeding?
Every dime I have went into this business, and to hire an attorney to file this lawsuit in Supreme Court isn't going to be possible for me financially. If possible, I would prefer to take this to small claims and represent myself.
1 Answer from Attorneys
The no counter claim in summary proceeding refers to eviction proceedings.
You can not take LL to small claims court X 3 tenants X $5k each.
The court can, on it's own motion or the LL's, consolidate the action into 1.
Look to see if you have a commercial claims part in your jurisdiction. The limit is higher there and you can rep yourself.