Case Type
Holdover
Holdover Type
Lease Expiration
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
159106/2020
Slip Opinion Number
2022 NY Slip Op 30519(U)
Petitioner
1641 PARK AVENUE ASSOCIATES
Respondent
JUSTIN PARKER
Judge
Kelley, John J.
Decision/Order Date
2022-02-17
Posture
Post-judgment Motion by Landlord
Disposition
Case Dismissed/Discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover/lease expiration dispute, petitioner landlord seeks ejectment, and declaratory and injunctive relief. Respondent tenant opposes, raising multiple affirmative defenses and counterclaims. Court finds landlord failed to give tenant proper statutory notice of non-renewal (see RPL 226-c), and first notified tenant of ejection with a summons and complaint in this action, and thus denies landlord's motion for ejection. All other causes of action and defenses of the parties are dismissed, and court orders parties to complete document discovery and depositions limited to the first cause of action only; orders plaintiff to file the note of issue by court-defined deadline.
Recommended Citation
"1641 Park Ave. Assoc. v. Parker" (2022). All Decisions. 58.
https://ir.lawnet.fordham.edu/housing_court_all/58
