Matthew N. Tobias

Recent Experience

• Robert Marson Testamentary Trust v. 4 W. 16 Street Corp., 232 A.D.3d 516 (1st Dep’t 2024):
  Successfully obtained reversal of Yellowstone Injunction issued in connection with dispute over whether lessee of commercial space at Cooperative violated lease obligations to provide insurance.
• Marina Caffe LLC v. Gazit Horizons (Edge) Fee Owner LLC, 2023 N.Y. Slip Op. 33655(U) (Sup. Ct. N.Y. Co. October 17, 2023):
  Successfully obtained preliminary injunction preventing landlord from terminating restaurant lease based on ambiguous lease provision that purportedly granted landlord right to terminate upon lessee requesting assignment of lease.
• Qi Biao Chen v. 439 Lincoln LLC, et al. (Sup. Ct. Kings. Co. Index No. 501254/2022 – May 1, 2025)
  Obtained vacatur of default judgment against property owner in a worker injury case brought pursuant to the Labor Law.  Successfully argued potential meritorious defenses to strict liability provisions of Labor Law 200, 240 and 241
• Blinds to Go (U.S.) Inc. v. MIPA 59/Third Owner LLC, (Sup. Ct. N.Y. Co. Index No. 652163/2022):
  Successfully defended owner of commercial unit of condominium against claims for specific performance of sale of unit for $33,500,000.00, breach of contract, injunction, and promissory estoppel.  Following the filing of motion to dismiss complaint on statute of frauds grounds, Plaintiff voluntarily agreed to discontinue action with prejudice.
• Dolcimascolo, et al. v. Bd. of Managers of Dorchester Towers Condo., et al, 2022 N.Y. Misc. LEXIS 9463 (Sup. Ct. N.Y. Co. Sept. 29, 2022):
  Successfully moved to dismiss amended complaint brought by former lessees of condominium unit against condominium management asserting claims of defamation, false arrest, malicious prosecution, negligence, prima facie tort, and intentional and negligent infliction of emotional distress.
• Chelsea Village Realty Trust v. 316 West 14 Realty Assocs. LLC (Sup. Ct. N.Y. Co. Index No. 656138/2019):
  Successfully prosecuted an RPAPL § 881 proceeding on an emergency basis to obtain access to neighboring property owner’s courtyard to perform critical structural repairs to client’s six story medical office building.  Following the Court granting access, negotiated and drafted so-ordered license agreement specifying the terms of access.
• KBS Sheapshead Bay, LLC v. Terrapin Design Group LLC, et al., 2019 N.Y. Slip Op. 31367(U) (Sup. Ct. N.Y. Co. May 13, 2019), aff’d, 189 A.D.3d 620 (1st Dep’t 2020):
  Successfully represented mortgage lender in a lien priority dispute against Bank of New York.  Obtained summary judgment declaring client lender’s $2,160,000.00 mortgage lien to be superior to Bank of New York’s earlier recorded $2,720,000.00 mortgage lien on the basis of laches, and defeating Bank of New York’s attempt to extinguish client’s mortgage lien.  Summary judgment affirmed on appeal.
• Lasalle Bank N.A. v. Daniels, et al., 2019 N.Y. Slip Op. 50211(U) (Sup. Ct. Kings Co. Jan. 7, 2019):
  Successfully represented property owners against foreclosure of their $1,800,000.00 home by prior owner’s mortgage lender.  Obtained summary judgment finding that Plaintiff mortgage lender was precluded from foreclosing based on laches and estoppel.  Court also determined that Plaintiff failed to establish standing to foreclose.
• Gidumal v. Site 16/17 Development, et al., 2013 N.Y. Slip Op. 50133(U) (App. Term. 1st Dep’t Jan. 30, 2013):
  Successfully defended condominium Sponsor and related entities against claims alleging breach of contract, fraud, negligent misrepresentation, negligence, and fraudulent conveyance arising from alleged construction defects in a $5.2 million penthouse unit of a major newly constructed condominium in Battery Park City.  Successfully moved to dismiss all causes of action except for breach of contract claim, which was limited to one alleged defect.  Dismissal affirmed upon appeal and plaintiff thereafter abandoned litigation.
• Perry v. 61 Jane Street Tenants Corp., 2011 N.Y. Slip Op. 31244(U) (Sup. Ct. N.Y. Co. May 10, 2011):
  Represented residential cooperative in connection with “Pullman” proceeding where cooperative terminated an undesirable tenant-shareholder’s proprietary lease and shares due to repeated objectionable conduct.  Handled all aspects of Pullman proceeding from drafting of initial notices of objectionable conduct, to counseling cooperative Board on proper procedure for holding Pullman meeting to ensure that Board’s action is protected by the business judgment rule, to successfully opposing tenant-shareholder’s Article 78 proceeding seeking to overturn termination and stock and lease and obtaining order of ejectment against tenant-shareholder.
• Chaffin/Light Associates v. Awosting Reserve, (Sup. Ct. N.Y. Co. Index No. 118776/2003):
  Represented national real estate developer in a dispute concerning proposed real estate development in Ulster County, New York. Successfully brought petition to compel arbitration of dispute with managing member of LLC concerning control of the project. At the arbitration, managing member was prevented from usurping control of project.