Case Type

Holdover-Lease Expiration

Housing Type

Co-op

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

151602/2022

Slip Opinion Number

2024 NY Slip Op 30184(U)

Petitioner

71 WASHINGTON PLACE OWNERS, INC.

Respondent

NORMAN RESNICOW, BARBARA RESNICOW

Judge

Cohen, Joel M.

Decision/Order Date

2024-01-16

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The court reached three decisions in this case. 1/3. Landlord brought an ejectment action against tenant-shareholders for non-payment of rent. The court granted landlord's motion for use and occupancy pendente lite. Key Legal Points: 1) Landlord may recover reasonable compensation for the use and occupation of real property. 2) Court has broad discretion to award landlord rent and/or use and occupancy pendente lite. 3) Tenants are obligated to pay rent in equal monthly installments in advance without set-off or deduction. 4) Tenants are required to pay their pro rata share of any special maintenance charges.

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