KMWB Attorneys Preserve a Decisive Summary Judgment Victory in a Drawn Out Breach of Contract Fight

In May of this year, KMWB announced that partners Nicholas Yokos and Vladimir Favilukis, together with Senior Associate Brian Campbell, secured summary judgment on behalf of a landlord in a tenant-initiated action in which the tenant argued that the tenant and landlord entered into the Agreement whereby, in exchange for the tenant’s withdrawal of her overcharge complaint with the DHCR and signing a release, she would receive a substantial payment from the landlord as well as reduced legal regulated rent. The Court dismissed the tenant’s claims in full, awarded the landlord a monetary judgment, finding that the tenant failed to adhere to her obligations under the agreement and further awarded the landlord return of any monies paid to the tenant in furtherance of the agreement. The Court further granted the landlord attorneys’ fees having prevailed in the action. Read the original decision here.

The tenant later sought reagument of landlord’s motion in an effort to overturn the Court’s ruling. In doing so, the tenant attempted to revisit arguments already considered by the Court and to introduce new legal theories that had not been raised in the motion in chief. Last week, the Court denied tenant’s motion outright, finding no basis to disturb its original ruling. As a result, the court’s original order, which included the award of attorneys’ fees, bringing years of contentious litigation to a definitive close. Read the decision after reargument here.

As Nicholas Yokos noted: “We are pleased that the court upheld its original ruling and maintained the penalties against the tenant, rejecting her attempt to secure a more favorable outcome than the agreement she entered into at arm’s length more than five years ago.”

KMWB congratulates Nicholas, Vladimir, and Brian on their skill and persistence in securing and preserving this decisive outcome.

If you have questions about enforcing settlement agreements or defending against tenant challenges at DHCR or in court, please contact our team.

Media Contacts:

Valerie Shutack
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
vshutack@kuckermarino.com