Represented a children’s retailer in a suit brought by the Metropolitan Transit Authority (MTA) for back rent and future rent (with personal liability) of almost half a million dollars on its lease at Grand Central Terminal. The Herrick team negotiated a favorable settlement on behalf of the client.
Achieved significant award for Herrick client, the highly-respected plaintiff's class action law firm Wolf Haldenstein Adler Freeman & Herz LLP, in a dispute with their Manhattan landlord. The landlord failed to properly renovate Wolf Haldenstein's office space as outlined in their lease agreement, thus leaving the office in an unsuitable condition for people to work in. The court affirmed that the landlord and its affiliates failed to properly renovate office space leased by Wolf Haldenstein and dismissed the landlord's counterclaim for allegedly owed back rent. The court also awarded Wolf Haldenstein attorney fees.
Herrick successfully represented the purchaser of a condominium unit in a dispute over a time of the essence closing date. In the order, the Judge granted our motion for summary judgment in its entirety by determining that the seller breached the contract by failing to timely close. Consequently, our client was entitled to a refund of its down payment, a lien was imposed on the property and attorneys’ fees were awarded to our client as the prevailing party.
Herrick successfully represented a commercial business in a dispute with their landlord where their landlord sought to evict them by issuing a notice to terminate their “tenancy” by issuing a 90-day termination notice. After the parties were unable to reach a settlement, Herrick filed a motion for summary judgment seeking dismissal of the proceeding. The Court ultimately granted our client's motion in its entirety and dismissed the proceeding due to the landlord’s failure to accurately describe their legal relationship.
Represented a hotel owner in connection with the eviction and bankruptcy proceedings of a tenant and subtenant respectively.
Won an arbitration on behalf of our client, the owner of a hotel and 50 percent member of the hotel’s restaurant tenant. Post‑pandemic disputes between the members led to our client terminating the restaurant’s lease, after which the other member-initiated arbitration alleging operational interference and damages. One of the main issues in dispute was the right to cash in a joint bank account. The arbitrator ultimately ruled in favor of our client, finding that our client held 100 percent of the capital account and, after accounting for unpaid shared costs and the use of joint funds for the restaurant’s legal fees, ruled that our client is entitled to all cash in the shared accounts.
