Case Type
Holdover
Holdover Type
Lease Expiration
Housing Type
Luxury/Market Rate
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
161809/2018
Slip Opinion Number
2021 NY Slip Op 50815(U)
Petitioner
12 East 88th LLC
Respondent
Barry Fox, MBE LTD, and EILEEN ECK
Judge
Lebovits, Gerald
Decision/Order Date
2021-08-30
Posture
Post-judgment Appeal by Landlord
Disposition
Motions decided, preliminary conference ordered
Winner
Other
Synopsis
Mixed decision. In this holdover action, landlord petitioner seeks possession of the apartment and seven years of accrued use and occupancy at double the monthly rent under the lease because tenant/lease guarantor (as a corporation) did not vacate when the lease expired. The court denies respondents’ branches of motion to dismiss for: eviction and repossession; that petitioner is not entitled to collect use and occupancy under the terms of the lease; petitioner’s claim for prejudgment interest. Court grants respondents’ branches of motion to dismiss for: the claim to hold respondents personally liable along with the corporation for damages or use and occupancy; use and occupancy for periods when building lacked a certificate of occupancy ONLY, and denies otherwise;
Recommended Citation
"12 E. 88th LLC v. Fox" (2021). All Decisions. 408.
https://ir.lawnet.fordham.edu/housing_court_all/408
