Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570795/25
Slip Opinion Number
2025 NY Slip Op 51470(U)
Petitioner
First NY LLC
Respondent
Greg Marshall
Judge
Brigantti, Tisch, James
Decision/Order Date
2025-09-18
Posture
Other
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term, First Department, reversed a Civil Court order, reinstating the landlord's holdover petition which sought possession for building demolition. The tenant asserted a waiver defense, arguing the landlord's acceptance of rent payments after serving a nonrenewal notice and during the "window period" vitiated the notice. The court held that the landlord's acceptance of rent, while the demolition application was pending with DHCR and undergoing judicial review, and in accordance with DHCR policy, did not evince an intent to waive the nonrenewal notice. The matter was remanded for further proceedings on the landlord's motion for summary judgment of possession.
Keywords
Demolition of Building Approved by DHCR; Window Period Defense; Vitiation/Waiver of Predicate Notice Based on Acceptance of Rent; Acceptance of Rent under Circumstances did not Indicate Landlord’s Waiver
Recommended Citation
"First NY LLC v. Marshall" (2025). All Decisions. 1962.
https://ir.lawnet.fordham.edu/housing_court_all/1962
