New York  |  Real Estate Law

Legal Question

Asked on: 12/04/10, 10:05 am

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


Answered on: 12/10/10, 4:09 am by Debra Palazzo

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.

Good Luck.

Debra

www.westchesteresq.com


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Law Offices of Debra Palazzo, LLC 317 Elwood Ave. Hawthorne, NY 10532

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