Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-310571-23/QU
Petitioner
140-60 Beech, LLC
Respondent
Kuldip K. Madan, et al.
Judge
Schilf, Logan J.
Decision/Order Date
2024-03-15
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a Holdover-Breach of Lease case in the Civil Court of the City of New York, Queens County, 140-60 Beech, LLC sought to enforce a provision in the lease requiring air conditioning units to be installed in a wall sleeve rather than a window. The tenant argued that the landlord waived its right to enforce this provision by allowing the window unit for nearly 25 years. The court agreed with the tenant, finding that the landlord's inaction constituted a waiver of its right to enforce the provision. The court granted the tenant's motion for partial summary judgment, dismissing the petition with prejudice.
Recommended Citation
"140-60 Beech, LLC v. Kuldip K. Madan, et al." (2024). All Decisions. 1421.
https://ir.lawnet.fordham.edu/housing_court_all/1421
