Case Type
Holdover-Lease Expiration
Court
Appellate Division, First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570811/23
Petitioner
Florim Realty Corp.
Respondent
Jose Paulino, Stephanie Rojas
Judge
Hagler, P.J., Tisch, J.
Decision/Order Date
2023-11-17
Posture
Post-judgment Motion by Tenant
Disposition
Judgment Modified
Winner
Tenant Substantially Won
Synopsis
In Florim Realty Corp. v Paulino, the appellate court deemed an appeal from a "decision and order" as an appeal from the ensuing judgment. The judgment was modified to reduce the plaintiff's damage award, affirming the decision with modifications. The court upheld the trial court's determination that the defendant executed a lease without intent to occupy the premises himself, leading to a holdover proceeding. The court found the defendant liable for holdover damages due to his son's continued occupancy after the lease term. Additionally, the judgment was adjusted to credit the defendant's security deposit, as the plaintiff had no basis to retain it. The defendant's remaining arguments were considered and dismissed.
Recommended Citation
"Florim Realty Corp. v. Paulino" (2023). All Decisions. 1361.
https://ir.lawnet.fordham.edu/housing_court_all/1361
