Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Queens County

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

L&T 307806-24

Slip Opinion Number

2024 NY Slip Op 24282

Petitioner

1719 Gates LLC

Respondent

Dianne Torres, et al.

Judge

Schiff, Logan J.H.C.

Decision/Order Date

2024-11-06

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The landlord commenced a non-renewal holdover proceeding against the tenant, who was a tenant in a market-rate apartment. The tenant's lease had expired. The landlord argued that the tenant had failed to pay rent due and owing, which constituted good cause for eviction under the Good Cause Eviction Law. The court granted the landlord's motion, finding that the plain language of the Good Cause Eviction Law authorized a non-renewal holdover for nonpayment of rent, even though the tenant's lease had expired. The court entered a default judgment for the landlord, but granted the tenant a 10-day stay to cure the rent arrears under RPAPL 751.

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