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

Lebovtis, 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;

Share

COinS