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Case: Matchmaker 44th Street LLC v DJS W 44th Cafe Inc. d/b/a Bull Moose Saloon
Citation: Civil Court, New York County, Index L&T 61378/12
Tenant’s lease expired and continued month-to-month until terminated by a 30-day notice. The tenant argued that it was not month-to-month. Rather, that the tenancy was for an unspecified duration and under RPL 232, continued until the 1st...
VIEWCase: 859-60 Medical Management Offices, LLC v. The Board of Managers of the Forum Condominium
Citation: Supreme Court, Kings County, Index 21701/11
Commercial condominium unit owners were granted a preliminary injunction against the Board of Managers, allowing the HVAC installation, at a front location. The Court found the sponsor could reallocate portions of the common elements for use by...
VIEWCase: Patjen Realty Corp. v. Fong Keung Chin
Citation: Civil Court, New York County, L&T Index 52201/10
In a summary holdover proceeding based upon non-primary residence, the Court granted the Landlord’s motion for summary judgment because the Landlord’s evidence supporting the motion was substantial, relevant and sufficient. The burden...
VIEWCase: Centre Plaza, LLC v. Chin Young Co., Inc.
Citation: NYLJ 9/20/10, p. 26, col. 1
In this commercial non-payment proceeding, the Court granted the Landlord summary judgment. As a matter of law, the tenant failed to raise issues of fact warranting a trial. The Court dismissed the tenant’s affirmative defenses of waiver,...
VIEWCase: Levy Family Limited Partnership, LP v. Brandon Carney
Citation: Civil Court , New York County, 28 Misc. 3d 1203 A, 2010 NYS Misc. Lexis 2798; 2010 NY Slip Op 51137U; 244 NYLJ 1 (Civil, NY 2010)
The tenant alleged he was no longer in possession, having surrendered or assigned his lease to another tenant by oral agreement. As such, the tenant alleged this court was without jurisdiction, since he was no longer in possession. The Landlord...
VIEWCase: Tatiana Backman and Nora Pines, as Trustee of Chado Trust v. Carl Kleidman
Citation: Civil Court, New York County, Index L&T 99510/09, 27 Misc. 3d 1215 A; 910 NYS 2d 760; 2010 NYS Misc. Lexis 909; 2010 NY Slip Op 50756U
The owners of a condo unit rented the apartment to a tenant was discovered harboring a cat. The Building Superintendent knew of the cat’s existence for over three months prior to the proceeding. A time limit relevant to commencing these kinds...
VIEWCase: Department of Housing Preservation and Development v. Ju Jin Li
Citation: Civil Court, Kings County, 24 Misc. 3d 237, 876 NYS 2d 611; 241 NYLJ 50 (2009)
In deciding whether service of an HPD proceeding is proper against a landlord, the court must look to the Civil Practice Law and Rules, and the Civil Court Act, not the Real Property Action and Proceedings Law, as in most landlord-tenant cases. ...
VIEWCase: Clinton Association for a Renewed Environment, Inc. v. Maria Baines
Citation: Civil Court, New York County, Index L&T 99230/07
Where a tenant asserts an affirmative defense that brings her mental or medical condition into issue, the landlord is entitled to uncover that information. If the tenant wishes to claim her disability as an affirmative defense, then the landlord...
VIEWCase: Benyetta 148, LLC v. 49th St Realty Co. & HIP Corp.
Citation: 2009 Misc. Lexis 4475; 2009 NY Slip Op 32978U (Sup. NY 1009)
Owner of adjacent building must remove encroachments discovered by survey.
VIEWCase: Preamble Properties, LP v. Thomas K. Woodard Antiques Corp.
Citation: 293 A.D.2d 330, 739 N.Y.S.2d 824 (AD 1st Dept. 2002)
A Corporate tenant vacated the premises and moved to another location. The landlord’s claim for tortious interference of contract as to the new landlord was dismissed. Likewise, rents sought against the guarantors were dismissed.
VIEWCase: Clemons Management Corp. v. Quick Quality Copies, Inc.
Citation: Civil Court, New York County, 164 Misc.2d 144, 623 NYS 2d
Legal fees are additional rents under the commercial lease.
VIEWCase: Berry Packing Corp. v. Atlantic Veal Corp
Citation: 302 A.D.2d 417; 754 NYS 2d 550 (AD Second Department 2003)
The Appellate Court denied the owner's appeal of the lower court decision, finding as an issue whether the individuals so dominated the corporation as to pierce the corporate veil.
VIEWCase: 32 W 82 Realty LLC v. Eugene Rodriguez
Citation: Civil Court, New York County, Index L&T 54552/14
Landlord need not obtain Certificate of Eviction to commence Holdover Proceeding against Rent Controlled Tenant based on non-primary residence, wrongful sublet or profiteering.
VIEWCase: 1855 7 Avenue Housing Development Fund Corporation v. Wigfall
Citation: Civil Court, New York County, NYLJ 3/21/14, Pg. 29, Vol. 251, No. 54
The Proprietary Lease was terminated, because of 744 incidents of objectionable conduct. In phase one of the trial, the Landlord proved it had followed the Business Judgment Rule and therefore Phase 2 of trial establishing the incidents was not...
VIEWCase: 236 Lafayette Owners LLC v. Azuma
Citation: Civil Court, New York County, Index L&T 73858/12
Prior IMD Unit was no longer subject to statutory protection and was therefore properly terminated as a month-to-month tenancy.
VIEWCase: 470 West 23 Associates LLC v. Conlon
Citation: Civil Court, New York County, Index L&T 81533/06
Tenant who came into possession several years after the expiration of the J-51 Program was properly terminated as a month-to-month tenant.
VIEW