Bushwick Economic Development Corp. v E.N.Y. Plaza LLC, Index No. 505206/2019 (Sup. Ct. Kings Co.) & E.N.Y Plaza LLC v Bushwick Economic Development Corp., L&T Index No. 64100/2017 (Civ. Ct. Kings Co.)

On behalf of E.N.Y. Plaza LLC, an owner of a 32-family building in Bushwick, Brooklyn, Claro PLLC successfully litigated a nonpayment proceeding against Bushwick Economic Development Corp., a homeless services provider operating on behalf of New York City, and obtained a $3.9 million consent judgment.  During the course of litigation, Claro PLLC defeated multiple motions to dismiss as well as BEDCO’s unsuccessful attempt to obtain aYellowstone injunction in Supreme Court, and implemented a multifaceted public relations campaign to bring all stakeholders, including the City, to the settlement table.  

South 4 Residence LLC v 120 South 4th Street Funding LLC, Index No. 511490/2017 (Sup. Ct. Kings Co.) & 120 South 4th Street Funding LLC,v South 4 Residence LLC, Abraham Bernat, New York City Dept. of Finance and John Does 1-10, Index No.519273/2017 (Sup. Ct. Kings Co.)

Mr. Claro commenced this declaratory judgment action ahead of the commencement of a foreclosure action brought against his client on a waste-based foreclosure theory. After defeating four dispositive motions, including motions for reargument, our firm negotiated terms agreeable to the client that ultimately resulted in discharge of the mortgage.

My Maya Inc. v Robert Malta, individually and Robert Malta d/b/a New York City Restaurant Group, and Robert Malta, individually and Robert Malta d/b/a New York City Restaurant Group v Therese Virserius and Inner Space Design, Inc., Index No. 152528/2014 (Sup. Ct. Kings Co.)

In this breach of contract action involving an interior design agreement, Mr. Claro litigated the matter from discovery through dispositive motions practice resulting in dismissal of claims against the client in her individual capacity and settlement of the breach of contract claims involving the companies.

Chaim Landau v Chaskiel Strulovitch, 720 Livonia Development LLC and MG Livonia LLC, Index No. 501199/2016 (Sup. Ct. Kings Co.)

This breach of contract action involved claims of fraud as against our clients related to a failed commercial venture.  Claro PLLC litigated the matter from commencement through trial resulting in a verdict in our clients’ favor. 

22576 Owners Corp. v Debra A. Diodato, Index No. 63443/2016 (Civ. Ct. NY Co.)

This proceeding involved application of the business judgment rule to a cooperative board’s determination. On behalf of the cooperative board, Mr. Claro litigated a nuisance holdover proceeding seeking possession of cooperative shares based upon the tenant’s objectionable conduct. Following favorable court orders, including the partial granting of a Pullman motion, the parties stipulated to settle the proceeding resulting in the issuance of a judgment for possession in favor of Mr. Claro’s client.

BPP PCV Owner LLC v Tanya Oliver, L&T Index No. 73822/2018 (Civ. Ct. NY Co.)

This non-traditional family member succession rights case involved a nurse’s aid who sought to succeed to a rent stabilized apartment where she lived over a long-term period of caring for a patient who ultimately passed.  This was the second summary proceeding in which Mr. Claro represented Ms. Oliver, after the first action was discontinued by the owner after Mr. Claro moved to dismiss that case.   The second proceeding required extensive discovery as well as trial preparation involving multiple out-of-state witnesses.  On the day of trial, the matter was settled by stipulation allowing our client years of continued occupancy as a rent stabilized tenant.

Application of Colgate Close Limited Partnership v Fortress CWW LLC, United Hering LLC, Elizabeth Gonzalez a/k/a Elizabeth Rodriguez, and Ivan Gonzalez, Index No. 514220/2016 (Sup. Ct. Queens Co.)

This RPAPL §881 application was commenced against Mr. Claro’s client seeking a broad and burdensome easement upon his client’s property. The proceeding was resolved by order of the court narrowing the terms and burden of the easement as well as awarding Mr. Claro’s client their attorneys’ fees.

Felix Dekalb, LLC v Maria Cresp & Genard a/k/a Genera Crespo, L&T Index No 85860/2009 (Civ. Ct. Kings. Co.)

Following motions practice, Mr. Claro successfully prevented application of the Landaverde additional five-day service requirement after proving service was attempted by conspicuous and substituted service.

Good Cup Coffee Corp. v Nicholas Bosco & Annette Bosco, Index No. 10499/2012 (Sup. Ct. Kings Co.), Nicholas J. Bosco & Annette Bosco v Good Cup Coffee Corp. & Mellisa Rapoport, L&T Index No. 73787/2012 (Civ. Ct. Kings Co.)

Mr. Claro successfully argued against the awarding of aYellowstone injunction seeking a stay of a nonpayment proceeding commenced in Part 52 of the Civil Court.

5302 Realty, LLC v Nachum David Spira, a/k/a Nachum D. Spira, John and Jane Doe, Index No. 505090/2015 (Sup. Ct. Kings Co.)

In this declaratory judgment action, Mr. Claro successfully sought and obtained an injunction as well as a writ of eviction against a tenant harboring two regulated apartments and engaging in unauthorized construction combining those units.