BBG News

BBG’s Joshua Zukofsky Obtained a Favorable Decision in a Commercial Nonpayment Proceeding

May 7, 2020

Jayden 65 Co. LLC v. Vilco Services LLC d/b/a Modern French Cleaners
Index No. L&T 73448/2019

Joshua Zukofsky, an associate in BBG’s Litigation Department, obtained a favorable decision in a commercial nonpayment proceeding against a dry cleaner operating on East 65th Street. The tenant, Vilco Services LLC, filed a pre-answer motion to dismiss with a return date over eighty (80) days from service of the motion seeking dismissal on the grounds that the premises was not properly described in the petition and that service was not proper. The tenant argued that service of the petition was required upon the individual signatories and guarantors to the lease, and that the description of the premises was insufficient as there are two separate stores that both operate on the Ground Level of the same building.

We immediately filed an order to show cause to accelerate the return date of tenant’s motion. The court accelerated the motion and denied tenant’s dilatory and baseless motion to dismiss. The Court ruled that the individual guarantors, who also signed the lease without the signature block containing the LLC entity, were not made individual tenants-in-fact and did not have to be served. The Court also found that the description of the premises was sufficient to allow a marshal to locate the premises without any additional information based upon our production of photographs to the Court of the signage above the two stores on the Ground Level.

Upon denying tenant’s motion, the Court provided tenant the opportunity to answer and scheduled a trial date thereafter.

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