Case Type
Other
Housing Type
Condominium
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
653955/24
Slip Opinion Number
2026 NY Slip Op 03075
Petitioner
MEC Property Holdings, LLC
Respondent
Gelfand, Chaya; Howell, Hans; Gelfond, Robert
Judge
Webber; Gonzalez; Pitt-Burke; Higgitt; Hagler
Decision/Order Date
2026-05-14
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a plenary action for overdue rent, the Appellate Division dismissed the landlord's complaint. The lease required a 14-day rent demand as a condition precedent to any action seeking overdue rent. The landlord failed to serve this notice. The court held that the plain meaning of the lease controlled, even for a plenary action, and that failure to satisfy this contractual condition precedent warranted dismissal. The tenants' motion for summary judgment on their counterclaims was denied due to insufficient evidence.
Keywords
Plenary Action for Rent, Contractual Condition Precedent, 14-Day Rent Demand Required by Lease, Complaint Dismissed for Failure to Serve Predicate Notice
Recommended Citation
"MEC Property Holdings, LLC v. Gelfand" (2026). All Decisions. 2206.
https://ir.lawnet.fordham.edu/housing_court_all/2206
