Case Type

Holdover: Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

89035/19

Slip Opinion Number

51271(U)

Petitioner

Tzifil Realty Corp.

Respondent

Hassan Andy Mazrekaj

Judge

Jimenez, Sergio

Decision/Order Date

2023-10-11

Posture

Post-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord filed a holdover proceeding after tenant's lease expired. Tenant vacated the premises. Landlord sought use and occupancy, arguing unjust enrichment. Court denied motion, finding landlord had already accepted possession and monetary judgment could not be awarded without possessory judgment. Court also denied landlord's motion for sanctions against tenant's counsel for allegedly frivolous conduct.

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