Ariel S. Bresky

Member | Litigation

11 Grand Central East
New York, New York 10017

New York, 2017
U.S. District Court, Southern District of New York, 2024
U.S. District Court, Eastern District of New York, 2024

REAL ESTATE LITIGATION, INJUNCTIONS AND APPEALS

Represented Bryant Park Corporation in litigation concerning the termination of Ark Restaurants Corp.'s leases for the Bryant Park Grill, Café and Porch, defeating Ark's application for a preliminary injunction following a contested evidentiary hearing. The application sought to prevent the termination of the leases and the transition of the restaurant operations to a new operator. Ark Restaurants Corp. v. Bryant Park Corp. (Sup. Ct., N.Y. Cnty. 2025).
Obtained a preliminary injunction on behalf of the Board of Managers of the 88 Franklin Street Condominium prohibiting AIRE Ancient Baths from operating its Tribeca pools and saunas pending remediation of deficiencies in its dehumidification system that caused excessive moisture, mold, and damage to the condominium building. The injunction conditioned the resumption of operations on completion of the required corrective work and approval by the condominium's engineer.
Secured the ejectment of a rent-stabilized tenant for repeated violations of a preliminary injunction restraining objectionable conduct, together with a finding of civil contempt and an award of attorneys' fees. In a decision of first impression, the court extended equitable ejectment principles beyond violations of court-ordered use and occupancy obligations to repeated defiance of an injunction protecting building residents and personnel. 211 Sea Foam Properties, LLC v. Johnson, Index No. 653254/2025 (Sup. Ct., N.Y. Cnty. Nov. 25, 2025).
Obtained a judgment of ejectment and monetary relief against an occupant of a Midtown Manhattan property and successfully opposed an application to the Appellate Division, First Department, seeking to stay enforcement of the judgment. 15 West 55th St. Property LLC v. Goldman (Sup. Ct., N.Y. Cnty. 2026).
Represented the owner of an Orange County shopping center in an eviction proceeding against a commercial tenant operating an unlicensed cannabis business, recovering possession and obtaining a money judgment following trial. The matter was featured in The Real Deal. Dunning Farms LLC v. Cao (2026).
Successfully challenged an order of closure issued by the New York City Sheriff against a commercial property in Queens, obtaining a final administrative determination vacating the closure and restoring the owner's control of the premises.
Secured an order of ejectment and a $49,500 money judgment against the former superintendent of a luxury Upper East Side cooperative within six weeks of commencing litigation.

COMMERCIAL LEASING AND COMPLEX BUSINESS DISPUTES

Obtained summary judgment on liability for the owner of a Manhattan commercial building against a tenant that abandoned its premises more than four years before expiration of its lease, defeating the tenant's defenses of constructive eviction and breach of the covenant of quiet enjoyment. Bradley Acquisition LLC v. Quest Builders Group, Inc. (Sup. Ct., N.Y. Cnty. 2026).
Represented the owner of a Downtown Brooklyn commercial property in litigation against a national pet care operator, its guarantor, and affiliated entities following the abandonment of a long-term lease. The action involved claims for breach of lease, fraudulent inducement, veil piercing, and voidable transactions and resulted in a favorable negotiated resolution for the landlord.
Secured judicial confirmation of a Real Estate Board of New York arbitration award in favor of Warburg Realty in a brokerage commission dispute with Douglas Elliman, defeating a cross-petition to vacate the award based on allegations of arbitrator bias. Warburg Realty Partnership Ltd. v. Douglas Elliman, LLC, 2020 N.Y. Slip Op. 31303(U) (Sup. Ct., N.Y. Cnty. 2020).

DEVELOPMENT, CONSTRUCTION AND INSTITUTIONAL REPRESENTATION

Represents the owner of a Manhattan residential building in a dispute arising from adjoining construction that obstructed a longstanding means of emergency egress, resulting in violations issued by municipal authorities and the imposition of fire-safety measures. The representation involves enforcement of court-ordered construction access obligations, the protection of asserted easement rights, and claims arising from interference with the building's use and occupancy.
Advises a prominent Manhattan real estate developer concerning the extinguishment of nineteenth-century restrictive covenants burdening a Midtown development site pursuant to RPAPL 1951.
Represents a commercial condominium unit owner in litigation challenging the condominium board's proposed sale of the building's development rights to an adjoining developer.
Negotiated the legal framework for the National Arts Club's $3.3 million façade preservation and rehabilitation of the historic Tilden Mansion on Gramercy Park.
Obtained an order compelling a cooperative shareholder to pay maintenance pendente lite and deposit $118,989.82 in outstanding arrears with the court pending resolution of the underlying litigation.

FEDERAL LITIGATION, BANKRUPTCY AND CREDITORS' RIGHTS

Obtained dismissal with prejudice of claims under the Americans with Disabilities Act, Fair Housing Act, RICO, Rehabilitation Act, and federal civil rights statutes arising from transitional housing accommodations at the Harlem YMCA. Oduka v. Davis (S.D.N.Y. 2026).
Represents individual and corporate defendants in a RICO and fraudulent conveyance adversary proceeding before the United States Bankruptcy Court for the Eastern District of New York.