Case Type

Holdover

Holdover Type

Licensee

Housing Type

See Decision

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

302220/2020

Slip Opinion Number

2022 NY Slip Op 22192

Petitioner

Park Tower South Company LLC

Respondent

Cody Simons, JOHN DOE, JANE DOE

Judge

Bacdayan, Karen May

Decision/Order Date

2022-06-21

Synopsis

ERAP case.

Comments

Vacates ERAP stay in licensee holdover and denies sanctions against tenant. Court holds that "provisional approval" is a "determination of eligibility", which automatically dissolves the stay. Landlord can advance holdover proceeding, and tenant may have affirmative defense to money judgment if ERAP funds are not accepted 12 months after provision approval.

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