Case Type
Holdover-Breach of Lease
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
704854/2021
Petitioner
25-86 41ST STREET LLC
Respondent
BRIAN CHONG
Judge
McDONALD, ROBERT J.
Decision/Order Date
2021-07-09
Posture
Pre-answer Motion by Tenant
Disposition
Judgment for Plaintiff
Winner
Landlord Substantially Won
Synopsis
In a Holdover-Breach of Lease case in Queens County Supreme Court, defendant moves to dismiss the complaint and disqualify plaintiff's counsel. The court dismisses causes of action for breach of month-to-month tenancy and prima facie tort but allows causes of action for trespass, nuisance, and waste to proceed. The court emphasizes that a month-to-month tenant has the right to terminate the tenancy at any time, thus vacating the premises didn't constitute a breach. However, plaintiff sufficiently states a cause of action for trespass since defendant permitted Guzman to enter the premises without justification. Additionally, the court finds the complaint sufficiently alleges nuisance as defendant failed to remove Guzman despite being aware of the situation. Lastly, the court allows the waste cause of action to proceed based on the alleged damage to plaintiff's property. The court denies the motion to disqualify plaintiff's counsel, ruling that defendant failed to demonstrate the necessity for disqualification. Thus, the judgment favors the landlord substantially, dismissing some claims but allowing others to proceed.
Recommended Citation
"25-86 41ST STREET LLC v. BRIAN CHONG" (2021). All Decisions. 1516.
https://ir.lawnet.fordham.edu/housing_court_all/1516
