Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Appellate Division, First Department

County

New York County (Manhattan)

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

160094/21

Slip Opinion Number

2026 NY Slip Op 03230

Petitioner

Freeland, James

Respondent

Chemtob, Nancy

Judge

Kennedy, J.P., Scarpulla, Mendez, Rodriguez, Rosado

Decision/Order Date

2026-05-21

Posture

Post-answer Motion by Landlord

Disposition

Other

Winner

Landlord Substantially Won

Synopsis

The Appellate Division affirmed the lower court's decision, largely granting summary judgment to the landlord in a holdover action for use and occupancy, electricity charges, and dismissing the tenant's counterclaims. The court found the landlord provided sufficient notice of non-renewal via email under RPL § 226-c and was entitled to holdover damages and unpaid electricity charges. It also confirmed the landlord's lawful retention of the security deposit and dismissed the tenant's harassment claim. However, the court modified the order, vacating the determination that the landlord was the prevailing party for attorney's fees, as this finding was premature pending resolution of property damage claims.

Keywords

Plenary Action for Use and Occupancy and Electricity Charges; Counterclaim for Return of Security Deposit, Harassment, and Attorneys’ Fees; Landlord Provided Sufficient Notice of Nonrenewal when Notice was Sent by Email; Lower Court’s Ruling in Favor of Landlord Upheld; Determination That Landlord is the Prevailing Party for Purposes of Attorney’s Fees Premature

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