Andrew D Cassady

Andrew D. Cassady has been an attorney at Ween & Kozek since 2018.  Mr. Cassady focuses his practice primarily in the areas of housing litigation and Loft Law.

Before joining Ween & Kozek, Mr. Cassady gained extensive landlord/tenant litigation experience at a boutique firm representing landlords.  In joining Ween & Kozek, Mr. Cassady is able to apply the skills and insight gained through landlord representation to achieve impactful results for our clients.  Beyond his experience in landlord/tenant litigation, Mr. Cassady previously worked as a law clerk for a practice concentrating in plaintiff-side civil rights and consumer protection class actions.

Mr. Cassady graduated Pace Law School in May 2013.  During law school, he was a Dean’s Scholar in Federal Civil Procedure and a member of the Moot Court Board.  Mr. Cassady twice travelled to Vienna, Austria as a team member representing Pace Law School at the Willem C. Vis International Commercial Arbitration Moot.  He received a Bachelor of Arts in Political Science with a minor in Philosophy from the University of North Texas in Denton, Texas.

Mr. Cassady handles all types of litigation and appellate matters from initiation to disposition and has appeared and argued before courts and administrative venues throughout New York City.

NOTABLE CASES:

• 475 Kent Owner LLC v. NYC Loft Board, et al., 2021 WL 4654615, Sup. Ct., NY Co., Index No. 152193/21 (Hon. Carol R. Edmead, Oct. 7, 2021) (dismissing landlord’s Article 78 petition seeking to annul the Loft Board’s determination that a tenant could establish primary residence in Brooklyn despite holding a tourist visa)
• 475 Kent Owner LLC v. NYC Loft Board, et al., Unreported, Sup. Ct., NY Co., Index No. 151133/21 (Hon. Arthur F. Engoron, July 15, 2021) (dismissing landlord’s Article 78 petition seeking to annul the Loft Board’s determination that the square footage of exterior balcony/terrace space may be included in the definition of “unit” when determining entitlement to Loft Law coverage)
• Malach, et al. v. Chalian, et al., Unreported, Civ. Ct., Kings Co., Housing Part R, Index No. 52757/19 (Hon. Michael L. Weisberg, Apr. 7, 2021) (dismissing chronic nonpayment holdover proceeding after trial on submitted facts)
• 245 Nostrand LLC v. With Alacrity, LLC, et al., Unreported, Civ. Ct., Kings Co., Commercial Part 52, Index No. 83375/19 (Hon. Matthew P. Blum, Feb. 23, 2021) (dismissing nonpayment proceeding upon finding that commercial lease clause requiring payment of rent upon issuance of a certificate of occupancy was not triggered upon issuance of a temporary certificate of occupancy)
• Matter of Tenants of 475 Kent, Loft Bd. Order No. 5026 (Jan. 21, 2021) (finding Loft Law tenants are entitled to parking as a required service and directing owner to restore prior level of service)
• Matter of the Administrative Appeal of Masada Metropolitan, LLC, Admin. Review Docket No. IR-210015-RO (Oct. 21, 2020) (affirming Rent Administrator’s order directing landlord to issue tenants a rent stabilized renewal lease at the proper legal rent)
• Genuine Realty Corp. v. Mitchell, et al., Unreported, Civ. Ct. New York Co., Housing Part C, Index No. 65803/17 (Hon. Clifton A. Nembhard, May 13, 2020) (granting tenant reciprocal discovery of surveillance video footage in an illegal sublet holdover proceeding) 
• Dom Ben Realty Corp. v. Liatti, et al., Unreported, Civ. Ct., Kings Co., Housing Part T, Index No. 82004/19 (Hon. Jeannine B. Kuzniewski, May 7, 2020) (dismissing nonpayment proceeding upon landlord’s failure to accurately plead multiple dwelling status and compliance with applicable regulations)
• Matter of Leonard St. Prop. Group, Ltd. v. DHCR and Lawenda, 178 A.D.3d 92 (1st Dept., Nov. 12, 2019) (services provided under the Loft Law may not be unilaterally eliminated upon transition to Rent Stabilization)
• Bamboo Hills Corp. v. Bowers, et al., Unreported, Civ. Ct., Kings Co., Housing Part D, Index No. 87672/18 (Hon. Bruce E. Scheckowitz, Sept. 16, 2019) (staying holdover proceeding pending Loft Board determination as to validity of purported sale of Loft Law rights and improvements by prior tenant)
• Bamboo Hills Corp. v. Borra, et al., Unreported, Civ. Ct., Kings Co., Housing Part T, Index No. 79299/18 (Hon. Frances A. Ortiz, June 20, 2019) (dismissing nonpayment proceeding upon landlord’s failure to demonstrate compliance with Loft Law’s legalization milestones)
• Malach v. Chalian, 64 Misc.3d 804, 104 N.Y.S.3d 849 (Civ. Ct., Kings Co., June 14, 2019) (denying landlord summary judgment in holdover proceeding commenced upon allegation of chronic delinquent payment and nonpayment of rent)
• The Brocho V’Hatzlocho Corporation v. Giordano, et al., Unreported, Civ. Ct., Kings Co., Housing Part, Index No. 54945/19 (Hon. Michael L. Weisberg, May 31, 2019) (granting limited stay pending Loft Board determination of incompatible use defense to coverage; finding that a Matter of Lower Manhattan Loft Tenants v. New York City Loft Bd., 66 NY2d 298, 496 NYS2d 979 (1985) does not require a demonstration of primary residence for a determination of protected occupancy under the Loft Law)
• Thompson Assets LLC v. Raffelo, 61 Misc.3d 130 (A), 2018 NY Slip Op. 51411 (U) (App. Term, 1st Dept, Oct. 5, 2018) (affirming summary judgment in tenants’ favor, determining that they are rent stabilized because the unit was not luxury deregulated prior to their tenancy/rejecting landlord’s unpleaded “first rent” theory of exemption; attorneys’ fees awarded to the tenants)
• VJHC Holding Corp. v. Chodorow, et al., Unreported, Civ. Ct. NY Co., Commercial Part 52, Index No. 59029/18 (Hon. Louis L. Nock, Oct. 3, 2018) (dismissing holdover proceeding as improperly commenced in Commercial Part where landlord had knowledge of tenants’ allegation of residential use of the unit)
• Genuine Realty Corp. v. Mitchell,  61 Misc3d 132(A), 2018 NY Slip Op. 51457 (U) (App. Term, 1st Dept, 2018) (reversing lower court decision refusing to vacate long-term rent stabilized tenant’s default where the tenant was caring for her ill mother and was unaware of the case, and had a meritorious defense that she did not unlawfully sublet the unit while away)

• Location:New York, New York