Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
312699-23
Petitioner
57 ELMHURST LLC
Respondent
FATIMA TERADA et al.
Judge
Lansden, John S.
Decision/Order Date
2025-06-20
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's holdover petition alleging illegal sublet, unauthorized alterations (partition), and failure to install carpeting. The illegal sublet claim was dismissed for lack of proof of vacation or financial arrangement. The alteration and carpeting claims were dismissed due to waiver, as prior and current landlords implicitly consented by failing to object despite clear visibility and opportunities over a long tenancy. The tenant's reasonable accommodation defense for carpeting was not established.
Keywords
Breach of Lease; Trial Decision
Recommended Citation
"57 Elmhurst LLC v. Terada" (2025). All Decisions. 1858.
https://ir.lawnet.fordham.edu/housing_court_all/1858
