Case Type
Holdover-Breach of Lease
Housing Type
Co-op
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Nassau County
L&T / Index / Case / Docket / Clerk's Number
2022-824 N C
Slip Opinion Number
2024 NY Slip Op 50116(U)
Petitioner
99 Randall Ave. Owners Corp.
Respondent
Emanuel Strong and Deidre Strong
Judge
McCormack, J.P., Garguilo, Driscoll
Decision/Order Date
2024-01-18
Posture
Post-judgment Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
Landlord terminated tenant's lease in a cooperative building for "objectionable conduct." Tenant challenged termination and asserted counterclaims. Court ruled in favor of landlord, finding they acted in good faith and within their authority. Tenant actions to enforce their rights were not in good faith, defeating retaliatory eviction claims. Key points: 1) Cooperatives have broad discretion in terminating tenancies, but must act in good faith. 2) Tenants challenging termination must overcome presumption board acted properly. 3) Actions to enforce lease rights must be in good faith for retaliatory eviction claims.
Recommended Citation
"99 Randall Ave. Owners Corp. v. Strong" (2024). All Decisions. 1392.
https://ir.lawnet.fordham.edu/housing_court_all/1392
