The Appellate Division, First Department has refused to vacate a two-day trial before Judicial Hearing Officer Ira Gammerman of the New York State Supreme Court, in which JHO Gammerman found that Tarter Krinsky & Drogin’s clients were not liable to their former landlord for more than one year’s rent after they vacated their premises. The landlord had sought to vacate the trial on the ground that the parties did not consent to have the trial heard by JHO Gammerman. The appellate court agreed with Tarter Krinsky & Drogin that the trial should not be vacated because the record demonstrated that the parties consented to the trial by JHO Gammerman, and the landlord participated during the course of the entire trial while fully aware of the issues being adjudicated and did not object until after trial and after JHO Gammerman informed the parties that he was going to rule substantially in favor of TKD's client.

Partner Andrew N. Krinsky and counsel Edward Farrell from the Litigation Practice handled this matter.