Case Type

Non-payment

Holdover Type

Rent Stabilized (likely)

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York (Manhattan)

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

570544/22

Slip Opinion Number

2023 NY Slip Op 51109(U)

Petitioner

57-59 Second Realty Associates LLC

Respondent

Wilson Chan

Judge

Brigantti, J.P., Tisch, Michael, JJ.

Decision/Order Date

2023-10-18

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The tenant appealed a court order granting the landlord's motion to evict for non-payment of rent. The Appellate Term affirmed the eviction order. The court ruled that the tenant's Article 81 guardian had the authority to enter into a settlement agreement authorizing the eviction, and that any defect in the eviction notice was waived by the settlement agreement.

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