Case Type
Holdover: Lease Expiration
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571020/23
Slip Opinion Number
2023 NY Slip Op 51263(U)
Petitioner
MHK Associates, LLC
Respondent
George Trapp
Judge
Hagler, PJ; Tisch, J
Decision/Order Date
2023-11-22
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
Landlord brought a holdover proceeding against tenant for failure to sign a lease renewal. Tenant sought summary judgment dismissing the petition, leave to conduct discovery, and consolidation with another case. The court denied tenant’s motion for summary judgment, finding material issues of fact regarding the validity of the renewal offer and compliance with rent stabilization regulations. The court also denied tenant’s overbroad discovery request and request for consolidation. Key Legal Points: 1) Renewal offers must be at the legal regulated rent and on the same terms and conditions as the expiring lease; 2) Discovery requests must be narrowly tailored to the relevant issues; 3) Consolidation of cases with different facts and legal arguments may be denied.
Recommended Citation
"MHK Assoc., LLC v. Trapp" (2023). All Decisions. 1342.
https://ir.lawnet.fordham.edu/housing_court_all/1342
