Case Type

Holdover

Holdover Type

Lease Expiration

Housing Type

Unregulated

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

306628-21

Slip Opinion Number

2022 NY Slip Op 22229

Petitioner

REDACTED

Respondent

REDACTED

Judge

Bacdayan, Karen May

Decision/Order Date

2022-07-22

Posture

Post-answer Motion by Landlord

Winner

Other

Synopsis

ERAP Case. Mixed Decision. Petitioner landlord initiated this expiration of lease holdover in an unregulated premises for use and occupancy. Respondent tenant filed a hardship declaration pursuant to L2020, c417, subpart A, and an ERAP application, which stayed the proceeding. Upon expiration of the stay, landlord moved to restore the case to the calendar. Tenant cross-moved for dismissal based on petitioner’s acceptance of ERAP funds, arguing that said acceptance reinstates the tenancy. Court rules petitioner’s motions and respondent’s cross-motions are DENIED, and that both parties are to appear at set date and time for settlement or trial.

Comments

To request a copy of this opinion, please send a detailed message including your name, contact information, and reason for use to: Todd Melnick at tmelnick@law.fordham.edu.

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