Case Type

Non-payment

Housing Type

Unregulated

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

L&T 302514/23

Petitioner

SHAN ZHANG & CHENG JUN KE

Respondent

MARY MERCADO & LUCIANO M. GARICIA JR.

Judge

Nembhard, Clifton

Decision/Order Date

2024-10-29

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

This non-payment case concerns unpaid rent after a lease expired, where tenants retained possession but never made direct payments. The landlord’s attempt to claim rental arrears based on ERAP payments and implied month-to-month tenancy was insufficient under Real Property Law § 232-c and RPAPL § 711(2), as no evidence of mutual intent for a month-to-month tenancy existed. The court granted the tenant’s motion to dismiss, finding the lack of an operative lease or implied rental agreement barred the landlord from maintaining this proceeding.

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