Legal Question in Real Estate Law in New York

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.

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

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

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.


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Answered on 12/10/10, 4:09 am

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