Case Type

Holdover-Breach of Lease

Holdover Type

Mixed

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York (Manhattan)

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

570358/23

Slip Opinion Number

2023 NY Slip Op 51130(U)

Petitioner

2118 Group, LLC

Respondent

Lior Group LLC

Judge

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

Decision/Order Date

2023-10-24

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Landlord Substantially Won

Synopsis

The court reversed a lower court decision and allowed a landlord to proceed with a lawsuit evicting a commercial tenant for failing to follow the terms of the lease. The building had both commercial and residential space, but it was unclear if anyone lived in the residential units. Because the lease covered both commercial and residential space, the court ruled the case could be heard in commercial court. The tenant's claim for attorney fees was also dismissed.

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