Case Type

Other

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

CV-026845-19/NY

Slip Opinion Number

2025 NY Slip Op 51684(U)

Petitioner

Ivory 3045 Grand Concourse Realty Corp.

Respondent

Luis Estrella, Nurys Garcia

Judge

Tien, Alice Tam

Decision/Order Date

2025-04-10

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The landlord sued tenants for $18,777.56 in rental arrears, alleging breach of a lease agreement for a residential apartment. After the lease expired in September 2017, the landlord claimed a month-to-month tenancy until eviction in November 2018, with rent unpaid from February 2018. Tenants credibly testified they surrendered the apartment and keys to the landlord's broker in December 2017 and vacated. The court dismissed the complaint, finding the landlord failed to prove by a preponderance of the evidence that a month-to-month tenancy existed after January 2018 (as no rent was accepted) or that tenants remained in possession, as a new month-to-month agreement arises only upon payment and acceptance of rent.

Keywords

Plenary Action; Month-to-Month Tenancy; RPL § 232-c; Month-To-Month Tenancy Arises Upon Payment and Acceptance of Rent

Download

Takedown Policy

Share

COinS