Petitioner/Landlord Granted Summary Judgment; Awarded Final Judgment of Possession and Warrant of Eviction Against Tenant
"The court finds that petitioner's submissions in support of her cross motion for summary judgment, including a copy of the lease (see Exhibit B, copy of the lease), satisfy the prima facie showing establishing petitioner as lessor as required by law, thus shifting to respondents the obligation to show by evidentiary proof the existence of a triable issue of material fact. Here, respondents have not met their burden....Accordingly, petitioner's cross motion for summary judgment is granted to the following extent. The court awards petitioner final judgment of possession and the warrant may issue forthwith..."
Assis v. Novarrete et al, Civil Court, Kings County, Housing Part G (53224/14 April 11, 201414)
Patrick T. McGuire Wins Post-Foreclosure Holdover for Former Homeowner for Third Time
"Exhibition of the referee's deed in foreclosure is a prerequisite to the commencement of a summary proceeding to dispossess a former owner. See Lincoln Sav. Bank v. Warren, 156 AD2d 510 (2nd Dept 1989). To exhibit is defined as 'actual presentation to view the document' Colony Mortgage Bankers v. Mercado, 192 Misc2d 704 (Sup. Ct. Westchester County 2002) citing Black's Law Dictionary. '[A]ttaching a copy of the referee's deed to a 10-day notice to quit served by 'nail and mail' was insufficient to satisfy the requirement of exhibition of the deed pursuant to RPAPL 713(5)'.....Based on the foregoing, Petitioner has failed to establish his prima facie case. Accordingly, the petition is dismissed without prejudice.
Khan v. Jennings et al, Civil Court, Queens County, Part P (75790/13 April 7, 2014)
Excellent Service from Glasser & McGuire, L.L.C."
I received excellent service from Glasser & McGuire. I appreciate the time and dedication that I got, the assistance with my case was flawless and they helped me maintain my sanity. Thanks for your service and assistance with my case.
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Glasser & McGuire, L.L.C. Win Traverse Hearing Without Process Server Present
"Based upon the evidence presented, the Court finds that jurisdiction has been obtained over Mr. Solaris and Ms. Valencia. Mr. Ramos was a person of suitable age and discretion willing to accept service. His testimony corroborated the statements made by the process servers in their affidavits of service. Said statements were not really contradicted by Respondents-Undertenants. RPAPL 735 sets forth the requirements of personal jurisdiction over parties to a proceeding. The evidence shows that said requirements were met."
Perera v. Ramos et al, Civil Court, Queens County, Part P (71073/13 November 27, 2013)
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-- Todd A., April 2013
Patrick T. McGuire, Esq. Successfully Sustains Traverse Hearing for Former Owner of Foreclosed Home in Eviction Action Brought by New Owner
(Abbreviated Decision Below)
"After a hearing on the service of the predicate notice, the respondent's motion to sustain the traverse is granted for the reason as argued by respondent's counsel."
Retained Realty Inc. v. Saunders et al, Civil Court, Queens County Part O (73129/12 March 12, 2013)
Patrick T. McGuire, Esq., of counsel to Jack L. Glasser, P.C., Successfully Defends Commercial Tenant in Non-Payment Proceeding Whereby Tenant is Entitled to a Complete Rent Abatement (Abbreviated Decision Below)
"An actual eviction occurs when a landlord wrongfully ousts a tenant from physical possession of the leased premises. Where tenant is evicted from a portion of the demised premises, the eviction is actual, even if only partial. See, Barash v. Pennsylvania Terminal Real Estate Corp., 26 N.Y.2d 77 (1970).... As respondent has established that they have been partially, actually evicted from the demised premises, they are entitled to a complete rent abatement until such time as they are no longer evicted from any part of the demised premises. Petitioner's action is hereby dismissed....The clerk of the court is directed to return to respondent [tenant's] any and all rent payments paid into court during the pendency of this action..."
Bookench, LLC v. Huai How Chang et al, Civil Court, Queens County Part 52 (62830/11 February 4, 2013)
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One of the best law firms that I ever worked with. They are excellent. Very well organized, courteous and respectful. They are the best of the best!
-- Irenaeus B., January 2013
Glasser & McGuire stuck with us and fought for us!
"Mr. McGuire is a very great lawyer! Mr McGuire knows the law and fights for his clients' rights. I used several lawyers prior to Mr. McGuire and Mr. Glasser. Those lawyers would run at the first sign of adversity. Not so with Glasser & McGuire. Glasser & McGuire stuck with us and fought for us!"
-- Bernard J., December 2012
Patrick T. McGuire, Esq., of counsel to Jack L. Glasser, P.C., Successfully Defends Former Owners of Foreclosed Home in Eviction Action Brought by New Owner (Abbreviated Decision Below)
"In this case, the Court finds that the petitioner failed to establish its prima facie case pursuant to 713(5). Clearly, testimony of petitioner's witness establishes that the deed which may have been exhibited to Bernard Jennings, was not certified as required by the CPLR. Petitioner's witness Mr. Chouhan testified that he made a copy from a purported certified copy and gave that copy to Bernard Jennings and as such, Petitioner failed to establish the statutory requirement under RPAPL 713(5). Further, the testimony of petitioner's witness also established that petitioner failed to exhibit the deed to respondent Regina Jennings. The term "exhibited" within the statute is to be strictly construed. see Home Loan Services, Inc. v. Moskowitz 31 Misc.3d 37, 920 N.Y.S.2d 569 (App. Term 2011); Colony Mortgage Bankers v. Mercado, 192 Misc.2d 704, 747 N.Y.S.2d 303 (Sup. Ct. Westchester County, 2002); GRP/AG REO 2004-1, LLC v. Elieser Friedman, 8 Misc.3d 317, 792 N.Y.S.2d 819 (Just Ct, Town of Ramapo, Rockland Cty 2005); and Deutsche Bank Natl. Trust Co. v. Resnick, 24 Misc.3d 1238A; 899 N.Y.S.2d 58, 2009 N.Y. Misc. LEXIS 2171 (Nassau Dist. Ct. 2009).
Khan v. Jennings et al, Civil Court, Queens County, Landlord/Tenant Part (72507/12 December 13, 2012)
Patrick T. McGuire, Esq., of counsel to Jack L. Glasser, P.C., Wins Traverse Hearing in Residential Foreclosure Defense Proceeding Vacating Judgment of Foreclosure and Sale (Abbreviated Decision Below)
"The process server testified solely on the basis of his "independent" recollection, without the benefit of the statutorily mandated log book. The inconsistency of McCreath's testimony as compared with his sworn affidavit of service is striking. McCreath testified that he served a family member and had no other conversations with him. However, in the affidavit, McCreath averred that he served a "cotenant" and that he asked him whether or not Stack was in the military. Further, McCreath failed to accurately describe the place of service and was generally unsure and inconsistent in his testimony. After considering and weighing the testimony and documentary evidence and assessing the credibility and demeanor of the witnesses, the Court concludes that jurisdiction has not been properly obtained over Stack as the process server failed to comply with CPLR Section 308(2). Accordingly, Defendant's motion to vacate the default judgment is granted, the foreclosure sale is vacated and the complaint is dismissed."
UBS Real Estate Securities, Inc. v. Stack, et al, Supreme Court, Queens County (9039/08, July 17, 2012)
Patrick T. McGuire, Esq., of counsel to Jack L. Glasser, P.C., Wins Rent Stabilization Succession Rights for Respondent-Tenant
(Abbreviated Decision Below)
"The burden of presenting legally sufficient proof to establish primary residency rests with the party claiming succession. See Gottlieb v. Licursi 191 A.D.2d 256 (1993). In order to qualify for succession rights under the Rent Stabilization Code [9 NYCRR] 2104.6, respondent is required to show that he has resided with the tenant in the housing accommodation as a primary residence for no less than a two year period immediately preceding his mother's death. 'Primary residence' is jurisdictionally interpreted as 'an ongoing, substantial, physical nexus with the...premises for actual living purposes.' See Emay Properties Corp. v. Norton 136 Misc.2d 127, 129, 519 NYS2d 90 (N Y Supp App Term 1987).....In the instant case there is a lack of the traditional documentary indicia of primary residence to support the respondent's claim that the subject apartment was his primary residence at least two years prior to his mother's death. However, the Court may find 'primary residence' relying solely on testimonial evidence. See 300 East 34th Street Co. v. Habeeb 248 A.D.2d 50, 683 NYS2d 175 (1st Dept. 1997). Here, the cumulative and credible testimony of respondent's witnesses who have no apparent interest in having the respondent succeed to the apartment corroborate respondent's claim that the subject apartment was truly his primary residence...[T]he Court finds that the respondent has met his affirmative obligation of establishing succession rights to the subject rent stabilized apartment by the preponderance of credible evidence."
Ziegelman Venture 1 v. Paprota et al, Civil Court, Queens County, Landlord/Tenant Part P (68672/11 April 26, 2012)
Patrick T. McGuire, Esq. Successfully Cross-Examines Process Server to Defend Former Homeowner in Eviction Proceeding by Sustaining Traverse Hearing and Having Action Dismissed (Abbreviated Decision Below)
"Based upon the [process server's] inconsistent testimony of mailings, inadequate description of the person allegedly personally served the pleadings, and the omission of [the] description of [the] person served the predicate notice, the Court finds that service of the predicate notice, the notice of petition and petition were not made pursuant to the service statute, RPAPL 735. Accordingly, the Traverse is overruled and the petition is dismissed without prejudice."
Retained Realty v. Saunders et al, Civil Court, Queens County, Landlord/Tenant Part P (61941/11 April 16, 2012)
Jack L. Glasser, Esq., Patrick T. McGuire, Esq. and Crystal Villasenor Esq. Win Landlord's Appeal on Rent Control Non-Primary Residence Proceeding (Abbreviated Decision Below)
"The trial court erred in granting tenant's motion to dismiss this non-primary residence holdover proceeding at the close of the landlord's evidence. Upon such a motion, tenant had the burden of showing that the landlord failed to make out a prima facie case, and landlord was entitled to the benefit of every favorable inference that could reasonably be drawn from the evidence...."
Budhu v. Castro et al, 2011 NY Slip Op 21429 (App. Term, First Dept. 2011)
"The law offices of Glasser & McGuire, L.L.C. helped me tremendously! Mr. McGuire did everything he said he would to help me deal effectively with my non-paying tenant. We were able to reach a resolution quickly and amicably. I highly recommend this firm!"
-- Eduardo T., August 2011
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