Case Type

Holdover-Breach of Lease

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

155045/2019

Slip Opinion Number

31526(U)

Petitioner

933 AMSTERDAM HOLDINGS, LLC

Respondent

KIMBERLY JENKINS; JOHN DOE; JANE DOE

Judge

Headley, Lisa S.

Decision/Order Date

2024-04-30

Posture

Pre-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this Holdover-Breach of Lease case, the court granted the landlord's motion to substitute the tenants, acknowledging the successor-in-interest's rights. However, the motion for use and occupancy was denied due to the premises' illegal status. The tenant's cross-motion for summary judgment and to dismiss the complaint was also denied, as the issues differed from a previous proceeding. Key legal points include res judicata, premises legality, and landlord obligations.

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