Supreme Court of the State of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2022 NY Slip Op 30519(U)
1641 PARK AVENUE ASSOCIATES
Kelley, John J.
Post-judgment Motion by Landlord
Tenant Substantially Won
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.
"1641 Park Ave. Assoc. v. Parker" (2022). All Decisions. 58.