Case Type

Holdover-Lease Expiration

Housing Type

Other

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-300293-23/NY

Slip Opinion Number

2025 NY Slip Op 25191

Petitioner

Seventh Regiment Armory Conservancy, Inc.

Respondent

The Knickerbocker Greys, "XYZ Corp."

Judge

Zellen, Jeffrey S.

Decision/Order Date

2025-08-20

Posture

Post-answer Motion by Landlord

Disposition

Other

Winner

Other

Synopsis

In this commercial holdover dispute between two non-profits regarding space in a historic armory, the court partially granted and denied both parties' summary judgment motions. The court found that a new law (L. 2024 Ch. 659), which was passed during the pendency of the proceeding, was clearly intended to prevent the eviction of the respondent, a "legacy cadet corps program" that had occupied the space for over a century. Applying principles of statutory construction, the court prioritized the legislature's intent over a literal interpretation of the law. It rejected the petitioner's arguments that the law was unconstitutional or that the respondent waived its rights through a license agreement. The only remaining issue for trial is whether the respondent's continued use of the space "interferes" with the petitioner's use of the armory, as stipulated in the new law.

Keywords

Summary Judgment Partially Granted and Issues Narrowed for Trial; Statutory Construction & Interpretation

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