12 E. 88th LLC v. Fox

Synopsis

In this holdover action, landlord petitioner seeks possession of the apartment and seven years of accrued use and occupancy at double the monthly rent under the lease because tenant/lease guarantor (as a corporation) did not vacate when the lease expired. The court denies respondents’ branches of motion to dismiss for: eviction and repossession; that petitioner is not entitled to collect use and occupancy under the terms of the lease; petitioner’s claim for prejudgment interest. Court grants respondents’ branches of motion to dismiss for: the claim to hold respondents personally liable along with the corporation for damages or use and occupancy; use and occupancy for periods when building lacked a certificate of occupancy ONLY, and denies otherwise;