The members of the New York City Real Estate Appellate team have represented thousands of clients and have been known for those thousands of landmark cases winning back millions in damages and often many times a large financial award. These cases have helped to shape the law as it relates to property damage, landlord/ tenant law, landlord malpractice, fraudulent conveyancing and other real estate related issues. The Appellate Department of the City of New York is responsible for the handling of all real estate litigation throughout the state of New York and the country. Among the many courtroom challenges they have faced are the mandatory mediation clause requirement in rent agreements, changes in the law relating to constructive eviction, the right of redemption in commercial properties and a multitude of others.
The Appellate Department has always maintained that the mandatory mediation provision in the Rent Control Act was intended to foster amicable and reasonable negotiation and accommodation between the parties. As a result, most rent agreements have been modified and some modifications have been eliminated. As a result, there are many more disputes now before the Appellate Division of the City of New York. If you have a real estate litigation matter before the city and want to hire one of the NYC Real Estate Appellate Team, you will want to take some time to evaluate their past cases. What has been successful in your area? Are there any surprises you should be aware of?
The New York State Supreme Court has consistently held that there is no right to a trial within 60 days of the accident. The Appellate Division of the City of New York has interpreted this provision of the law as providing an absolute right to a trial, regardless of whether the injured person has suffered a permanent injury. Because a jury trial may not resolve the issues between you and your opponent, a trial is the next best alternative. In order to have a trial, you must file a request with the Appellate Division of the City of New York.
Once you have filed your written request for an appeal, you will need to supply the clerk of court with certain information. You will need to provide the clerk with the number of paragraphs describing the legal issue in dispute, if there is one. You will also be required to provide the name of your attorney if you are using one. Your written request must be filed with the clerk no later than thirty days after the accident. You will not be considered to be on time with the filing of your appeal when you do not file within the 30-day period.
If you are unsuccessful in having your appeal heard by the Appeals Board, you will next try to obtain an additional power of attorney. Additional powers of attorney is generally considered to be a request that the court allow your personal representative to act on your behalf, according to your instructions. If you fail to win at this point, you may decide to file a complaint against the owner of the property, or you may decide to hire another real estate developer to take over the property. Additional powers of attorney can be granted in writing or it can be oral. The judge may grant you an additional power of attorney if he or she believes it is necessary to allow your representative to deal with the appeal.
If you are successful in the civil court, the judge will then make a ruling on whether or not the apartment building’s lease was improperly entered into. If the lease was improperly entered into, then the landlord is usually ordered to pay you damages, interest, attorney’s fees, and other costs associated with the suit. However, if you are unable to reach an agreement with the landlord, you may be able to sue the owner personally for breach of contract damages. Having a real estate agent to help you prepare for your appeal will help you obtain a favorable ruling from the Civil Court.