Lease & CRE disputes · Selective

Landlord-side commercial lease and CRE disputes, taken selectively

Most of my work keeps clients out of court. When a lease or CRE deal is already in a fight, I take a limited number of landlord-side matters where my litigation background fits.

Call (516) 330-3320 · Email josh@summerspllc.com · Contact form

Background

I started my career as a commercial litigator in New York state court and federal court in the Eastern and Southern Districts of New York, including high-profile entertainment matters. That experience is why my lease and deal paper is written for the day it gets tested.

What I take

  • Commercial lease default, nonpayment, and holdover matters for landlords
  • Opposing Yellowstone injunctions
  • CAM, exclusive, co-tenancy, and use disputes
  • Lease guaranty disputes tied to a lease default
  • JV and partner disputes over commercial real estate
  • Pre-suit strategy, demand letters, and negotiated resolutions

What I don't take

  • Collections and judgment enforcement
  • Tenant-side matters
  • Residential, personal injury, or matters outside commercial real estate

Common questions

Do you take every lease dispute?

No. I take a limited number of landlord-side commercial lease and CRE disputes where my background fits the case. If it isn't a fit, I'll say so early.

What is a Yellowstone injunction?

A New York remedy a commercial tenant seeks to pause the cure period in a default notice so the lease isn't terminated while the dispute is decided. It comes from First National Stores v. Yellowstone Shopping Center (1968). For a landlord, how the default notice is drafted and served often decides how that fight goes.

How are commercial evictions handled in New York?

Usually by a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law, either for nonpayment or as a holdover. On Long Island these are generally heard in District Court; in New York City, in Civil Court. Strict notice and pleading rules apply.

Do you handle collections or judgment enforcement?

No. The firm does not take collections or judgment-enforcement matters.

Last reviewed October 2026 by Joshua (Josh) Summers, Esq. General information, not legal advice.

Describe the dispute

A short summary and the lease. I'll tell you quickly whether it's a fit.

(516) 330-3320 · josh@summerspllc.com · Contact form

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