Case Type

Holdover-Other

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-311592-22/NY

Slip Opinion Number

2026 NY Slip Op 32162(U)

Petitioner

2118 Group LLC

Respondent

Lior Group LLC, Amir Shriki

Judge

Zellan, Jeffrey S.

Decision/Order Date

2026-04-09

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a commercial holdover proceeding against a corporate tenant that was subleasing residential apartments to occupants under a triple net lease. The court dismissed the proceeding without prejudice for lack of subject matter jurisdiction, holding that a commercial holdover proceeding cannot be maintained where the landlord knew or acquiesced in the residential use of the demised premises.

Keywords

Commercial Holdover Dismissed Because it Should Have been Commenced in Housing Part

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