Practice Areas

Landlord-Tenant Matters

Our firm continues the Real Estate practice of Irving Novick, founded in 1953. We concentrate our practice in all aspects of Real Estate, with a particular emphasis on landlord-tenant related matters that may include landlord and tenant rights, evictions, litigation, residential and commercial leases and administrative proceedings before the NYS Division of Homes and Community Renewal. We also represent owners defending cases brought by the NYC Dept. Of Housing Preservation and Development. In addition, we have a significant appellate practice representing not only our own clients but referral...

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Foreclosures and Workouts

Our foreclosure practice embraces the following: Representing lenders and financial institutions in federal bankruptcy proceedings and state courts. Representing lenders and financial institutions in the prosecution of commercial, industrial and residential foreclosures. Defending borrowers in foreclosure cases. Representing potential purchasers at foreclosure sales. Conveying loan workouts and forbearance settlements and agreements on behalf of lenders as well as borrowers. Our clients are provided with regular updates on the status of their foreclosure cases.....

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Transactional Real Estate

The Transactional Real Estate Department at Novick Edelstein Pomerantz, P.C. represents creditors, equity applicants, buyers, landlords and tenants. With experienced lawyers, familiar to addressing all aspects of complicated real estate transactions we have a unique capacity to handle sophisticated acquisitions, dispositions, development and financing transactions. Our real estate legal services include: Financing real estate properties and development Mortgages Mezzanine Financing Buying and selling real estate Leases...

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Litigation Involving Complex Real Estate Issues

Our Real Estate Litigation team has resolved complex cases including issues relating to eminent domain, environmental and land use matters, partition cases and contract disputes. At Novick Edelstein Pomerantz, P.C., our Real Estate Litigation team handles real estate-related disputes for owners, developers, investors, tenants, lenders, joint ventures and public-private partnerships, and many other parties in and out of court throughout the NY metropolitan area. ...

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Commercial Litigation

Whether you are using the courts to achieve your business goals, or defending a significant damage claim, our team has the experience you need. At Novick Edelstein Pomerantz, P.C., we effectively defend as well as prosecute and mediate claims. We provide you with clear advice from seasoned litigators to resolve your disputes. We are problem solvers as well as trial lawyers....

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Residential and Commercial Non-Payment Actions

A non-payment action is commenced by a landlord to collect unpaid rent from either a commercial or residential tenant. At no time may a landlord perform a “self-help eviction” even if a tenant has not been paying his or her rent. The ultimate desired outcome for a landlord on a non-payment case is either payment or possession. A non-payment case is initiated by a rent demand which often must be done in writing pursuant to a written lease. Novick Edelstein Pomerantz P.C. Ehrenfeld Pomerantz & Tenenbaum LLP, will review your lease and prepare the demand notice to be served by our licens...

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Holdover Eviction Proceedings

A holdover case is commenced by a landlord to evict a commercial or residential tenant for reasons other than non-payment of rent. A holdover case, by its very nature, is difficult and highly technical because a landlord is seeking a Court Order for a tenant’s eviction. Several grounds for a holdover case include non-primary residence, illegal subletting, expiration of tha lease, nuisance, illegal activities and other violations of tha lease. Prior to the commencement of a holdover proceeding, the landlord must often serve predicate notices pursuant to statutes and case law. Novick Ede...

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Administrative Proceedings

In addition to Housing Court, various Federal, State and City agencies have jurisdiction over landlord-tenant disputes. Please contact us to discuss any matter you may have pending in front of an administrative agency. The Division of Housing and Community and various issues concerning the Rent Stabilization Code. The attorneys of Novick Edelstein Pomerantz regularly appear at DHCR to handle these cases. The firm also has experience in handling the appeals process from this agency, which is known as PAR (Petition for Administrative Review) and Article 78 Proceedings in Supreme Court. Dep...

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Department of Housing Preservation and Development (HPD) Cases

In Housing Court, a tenant has the ability to commence a case against a landlord for repairs in an apartment. The HP part of the Housing Court has jurisdiction to hear these tenant-initiated cases. In addition, the Department of Housing Preservation and Development can commence cases for building-wide violations, failure to provide heat/hot water, and certification issues for failure to remove violations. A 7A proceeding can involve the tenants in a building attempting to remove a landlord from managing its building. The firm of Novick Edelstein Pomerantz appears in the HP part on a regular...

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Leases

Most landlord-tenant relationships are governed by written leases. The law firm of Novick Edelstein Pomerantz has drafted and reviewed countless residential and commercial leases. Disputes often arise as to the interpretation of lease clauses and whether or not a tenant has violated a substantial obligation of the tenancy. Such violations can include non-payment of rent (See Residential and Commercial Non-Payment Actions) or other violations including illegal subletting, harboring pets, possessing washing machines, etc. (See Holdover Proceedings). Please contact us to schedule an appointment t...

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Residential Closings

The Closing Department of Novick Edelstein Pomerantz represents both purchasers and sellers of real property throughout New York City and its surrounding counties. The attorneys of Novick Edelstein Pomerantz provide representation in all stages of the typical real estate transaction from contract negotiations to the closing of title. Our representation at closings ranges from single-family homes to large multiple dwellings. Please contact us if you would be interested in using our services for your potential real estate transaction....

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Bankruptcy litigation

The Bankruptcy Department at Novick Edelstein Pomerantz typically involves appearances in Federal Bankruptcy Court after tenants declare bankruptcy either prior to or in the context of a landlord-tenant summary proceeding. The attorneys for Novick Edelstein Pomerantz have many years of experience in Bankruptcy Court where motions must often be made to vacate stays imposed by the Court on the eviction process once bankruptcy has been declared. If you wish to discuss a potential bankruptcy matter as it relates to your landlord-tenant case, please contact us to schedule an appointment....

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Co-op & Condo Disputes

The law firm of Novick Edelstein Pomerantz has many years of experience and knowledge in the area of Co-Op and Condominium disputes. Cases in co-ops may include the failure of a shareholder to pay maintenance or other violations of the proprietary lease. Often the owner of a co-op or condominium has leased the premises to a tenant who is in violation of his or her lease. The rules governing co-ops include federal, state, and local laws that can be extremely complex and highly technical. Please contact us to discuss your co-op/condo matter....

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Surrogate Court Administration Proceedings for Deceased Lessees

The Surrogate Court Department at our firm concentrates on assisting residential landlords and cooperative buildings in appointments of administrators for deceased lessees who died without wills, when possession cannot be obtained otherwise. Typical work for a client includes obtaining a certified death certificate; facilitating research on and contact with the family of a deceased lessee and filing administration proceedings for appointment of a Public Administrator when no other individual has sought to be an estate representative....

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