In connection with New York real estate issues, he has been quoted in the New York Times and Habitat Magazine. Mr. Fajardo is a member of the Board of Directors of The George Jackson Academy, an elementary New York City school for academically gifted inner-city children. He is fluent in Spanish.

 

Some Favorable Decisions:

• Yen v. 9 East 45th St. L.P., Sup. Ct. N.Y. Co., Index No.: 109593/04 (Order dated April 5, 2006, rendered by Justice Kibbie F. Payne, granting a judgment, after trial, declaring that plaintiff is not in default of its commercial lease and that defendant waived any claimed violation alleged in the subject notice of default);
• L’Oreal USA Inc. v. PM Hotel Assocs., N.Y.L.J., Mar. 30, 2006, p. 19, col. 1 (Civ. Ct., N.Y. Co., Judge Singh (dismissing claim for return of $25,000 down payment on contract where plaintiff claimed impossibility of performance due to threats of terrorism);
• N&S Sassouni v. Mary’s Dairy First Ave, Inc., Civ. Ct. N.Y. Co., L&T Index No.: 51383/06 (Order dated March 1, 2006, rendered by Judge Peter H. Moulton, granting motion to dismiss commercial nonpayment petition where landlord failed to make a valid rent demand prior to commencement of proceeding);
• Centennial Ins. Co. v. Zweig, Sup. Ct. Kings Co., Index No.: 11855/04 (Order dated June 16, 2005, rendered by Justice David I. Schmidt, denying plaintiff’s motion for summary judgment an action seeking to impose a lien under Article 3-A of the Lien Law where a showing was made that defendant was a good faith purchaser for value);
• Addeson Holding Corp. v. Khodosh, Civ. Ct. Kings Co., L&T Index No.: 107499/04 (Order dated April 13, 2005, rendered by Judge Inez Hoyos, granted summary judgment dismissing nonpayment proceeding due to defective predicate notice);
• Tighe v. Kostoglou, Sup. Ct., Nassau Co., Index No.: 10051/03 (Order dated February 22, 2005, Second Department reversed lower court and granted my client summary judgment dismissing a constructive trust claim);
• Mullen v. Zweig, Sup. Ct. Queens Co., Index No.: 22500/04 (Order dated February 10, 2005, rendered by Justice Marguerite A. Grays, granted summary judgment dismissing action seeking specific performance for the sale of real property);
• Spivak v. Abrahamson, Civ. Ct. N.Y. Co., L&T Index No.: 101742/03 (Order dated December 7, 2004, rendered by Judge Jerald Klein, awarding landlord possession of a rent-stabilized apartment for owner occupancy);
• Connolly v. The Jack Parker Corp., Sup. Ct., N.Y. Co., Index No.: 6202717/03 (Order dated December 6, 2004, rendered by Justice Walter Tolub, dismissing a claim for specific performance against a Co-op Sponsor);
• Ladle Parking Corp. v. Parker 36 Garage Assocs., Sup. Ct., N.Y. Co., Index No.: 116115/03 (Order dated August 9, 2004, rendered by Justice Saralee Evans, granting a motion for summary judgment dismissing a former commercial tenant's claim for allegedly withheld security deposit);
• PWV Acquisition, LLC v. Rodriguez, Civ. Ct., N.Y. Co., L&T Index No.: 52826/04 (Order dated May 14, 2004, rendered by Judge Timmie Elsner, granting summary motion dismissing alleged chronic nonpayment holdover eviction proceeding);
• Bay Plaza Community Center LLC v. 260 Bay Plaza Assocs., Inc., Civ. Ct., Bronx Co., L&T Index No.: 901027/03 (Order dated January 8, 2004, rendered by Judge Howard S. Sherman, denying a commercial tenant's motion seeking summary judgment dismissing a nonpayment proceeding based upon an Anchor Tenant provision in a Shopping Center lease);
• Alamanaan Enterprises, Inc. v. Seventh Chelsea Assocs., 303 A.D.2d 161, 754 N.Y.S.2d 883, (1st Dep't 2003) (affirming lower court's dismissal of a commercial tenant's claim for damages including alleged lost profits arising out of the landlord's construction and renovation project at the subject building);
• Pusch v. Pullman, N.Y.L.J., Nov. 5, 2003, p. 18 (Sup. Ct., N.Y. Co. 2003) (Order rendered by Justice Marilyn Shafer, granting a motion awarding summary judgment dismissing a former Co-op's Board President's claims of defamation and injurious falsehood against a shareholder);
• Woodrow Court, Inc. v. Levine, N.Y.L.J., Nov. 15, 2002, p. 22, col. 4 (Civ. Ct., N.Y. Co. 2002) (Order rendered by Judge Larry Schachner, granting a motion for partial summary judgment on the affirmative defense that a Co-op cannot merely rely upon a Board of Directors' vote to evict a shareholder in the context of a Housing Court eviction proceeding, which is subject to the requirements of the Real Property Actions and Proceedings Law);
• Vink v. D.H.C.R., 285 A.D.2d 203, 729 N.Y.S.2d 697 (1st Dep't 2001) (affirming lower court's dismissal of a CPLR Article 78 Petition, which sought to coerce a Mitchell-Lama cooperative housing corporation to implement a maximum income surcharge upon its shareholders that was promulgated by the Division of Housing and Community Renewal); and
• SJW Assocs. v. Rofay Realty Co., Civ. Ct., Bronx Co., L&T Index No.: 48322/99 (Order dated December 8, 1999, rendered by Judge Paul A. Victor, granting a motion to dismiss the Petition of a commercial landlord [represented by Cadwalader, Wickersham & Taft] based upon the "principal that a petitioner is not permitted to combine pleadings to assert inconsistent basis for relief in seeking to obtain a possessory judgment").
• In connection with New York real estate issues, Ed Fajardo has been quoted in: Sunday New York Times Real Estate Section, December 15, 2002, Sunday New York Times Real Estate Section, May 25, 2003, and the March 2003 issue of Habitat Magazine.