Client Victory Secured: Pre-Discovery Summary Judgment in Favor of Plaintiff

The litigators at NewYorkTrial.com have secured another victory in an aggressive and highly contested real estate litigation. In a case that underscores the value of hiring a real trial lawyer, founding partner Michael Farber secured summary judgment for our client before discovery even began—a rare and significant legal victory.

The Case and Legal Doctrine

Our client, the rightful owner of a luxury condominium, were compelled to bring suit against an unjustified holdover occupant who refused to vacate the premises and demanded $500,000 to buy him out. The occupant had no right to be there, as our clients revoked his license to occupy in May 2024. The legal framework governing this dispute arises from well-established real property and equitable principles, informing both the doctrines of ejectment as a property owner's right, and the doctrine of use and occupancy, a claim based in quantum meruit.

Under New York law, an ejectment claim requires the plaintiff to establish:

1. Ownership of the property

2. A present right to possession

3. The defendant's unlawful occupation

The Court, applying the standard set forth in CPLR § 3212, ruled in favor of our client, granting summary judgment on both ejectment and use and occupancy claims. The judge emphasized that there were **no material fact disputes** requiring a trial and that the law dictated the outcome—a ruling that is particularly rare at such an early stage of litigation.

The Importance of Hiring a True Litigator

Summary judgment is an extraordinary remedy, rarely granted before discovery. Courts typically defer judgment, requiring a trial, when factual disputes are even remotely plausible. However, within just a few hours following oral argument (handled by Michael Farber, bio here), the court granted our motion. Also, at the conclusion of counsels' arguments, the judge commended our firm's meticulous preparation, clarity, and expertise in presenting a persuasive case. Our ability to distill complex property rights issues into a clear and compelling argument convinced the court to grant this relief without hesitation.

This outcome highlights why businesses and individuals facing commercial, real estate, or other high-stakes disputes should seek counsel from a firm that doesn't just "know the law," but knows how to present it effectively in court. Preparation of legal briefs in support of our motion was handled by firm Counsel, Darya Kapulina, who was careful to avoid lengthy, flowery writing, which is usually ineffective when litigating in busy New York City courts. A tribunal should be given all the necessary facts of the case, the applicable law governing the parties' rights and obligations in that case, and a concise conclusion which compels a just and equitable result for our client.

Why Choose NewYorkTrial.com?

Many attorneys practice law, but few are true litigators who can skillfully navigate the courtroom, argue motions, and win early dispositive rulings. Whether you are facing real estate disputes, commercial litigation, or claims involving property rights and damages, our firm brings a trial-ready approach that maximizes leverage and results.

If you are in need of aggressive, results-driven representation, contact us today.

About Michael Farber

Michael Farber is a seasoned litigator with a track record of success in high-stakes commercial and real estate litigation. A graduate of Brooklyn Law School, he has decades of experience handling complex disputes in New York state and federal courts. Recognized for his strategic acumen and relentless advocacy, he founded Farber Balsam Papain Ferrari LLP with likeminded colleagues mindful how an attorney's role -- as both advocate and fiduciary - is vital to securing favorable outcomes for clients our clients' success. Visit us at NewYorkTrial.com

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