KMWB Secures Summary Judgment on behalf of Landlord in a Supreme Court Breach of Contract Action

KMWB is pleased to share that Partner Nicholas Yokos, Esq., and Senior Associate Brian Campbell, Esq., prevailed on behalf of a landlord in a breach of contract action brought by the tenant in the Supreme Court of the State of New York. The motion successfully established that the tenant materially breached a confidential stipulation of settlement negotiated by KMWB Partner, Vladimir Favilukis, Esq. in 2020, to resolve a rent overcharge complaint at the DHCR, when the tenant subsequently filed a Petition for Administrative Review in violation of the agreement. The court awarded the landlord a monetary judgment in the amount of the first settlement payment made to the tenant under the agreement, denied the tenant’s cross-motion for summary judgment, and also found that the landlord was entitled to its attorney’s fees incurred.

Read the full decision ​here​.

If you have questions about enforcing a settlement agreement or responding to DHCR actions, please contact our team.