Housing Court Decision Summaries
Auto Park, Inc. v. Bugdaycay
Jan. 12, 2005 -
Landlord's claim of preferential rent rejected where legal regulated rent was not established four years prior to tenant's assertion of defense of overcharge; Court was prohibited from examining earlier lease which listed preferential rent, where subsequent leases within the four year period did not specify higher legal rent.
K.S.L.M. Columbus Apts. Inc. v Bonnemere
Jan. 5, 2005 -
Court refused to extend recent Court of Appeals decision requiring the landlord to provide an additional five days when serving notices to cure by mail to "Golub" notices of nonrenewal served by mail.
255 West 88th Co. LLC v. Gelband
Jan. 5, 2005 -
Undertenant granted leave to depose landlord's building employees so as to establish the landlord's constructive notice of his occupancy in support of his illusory prime tenancy claim.
Lynch v. Dirks
Jan. 5, 2005 -
Court extends recent Court of Appeals decision requiring the landlord to provide an additional five days when serving notices to cure by mail to notices of nonrenewal served by mail.
Freeman Street Properties, L.L.C. v. Thelian
Dec. 30, 2004 -
Landlord, who, prior to receiving notice of tenant’s election to extend commercial lease, had actual and constructive notice that the tenant was making residential use of apartment in building zoned for commercial use only, cannot rely upon tenant’s alleged violation of use provision in lease, and, in the absence of a notice to cure improper use, holdover proceeding will be dismissed.
Berger East Corp. v. Grigg
Dec. 30, 2004 -
Landlord must establish reasonable excuse for delay, meritorious claim, absence of abandonment and lack of prejudice to the Tenant where landlord failed to restore nonprimary residence holdover proceeding within one year from being marked off calendar.
London Terrace Towers, Inc. v. Davis
Dec. 22, 2004 -
Cooperative board resolution to terminate a shareholder/tenant's proprietary lease for objectionable conduct is itself evidence of objectionable conduct and entitled to business judgment rule.
Daley v. Billinghurst
Dec. 22, 2004 -
A final judgment of possession arising from stipulation of settlement awarding possession is not appealable, as tenant is not "aggrieved"; tenant has no standing to raise rights of adult occupants who were not named in stipulation and demonstrated no independent possessory interest in
premises.
Chicarelli v. Ursula Realty Corp.
Dec. 15, 2004 -
Landlord may be held liable for tenant's injuries caused by a criminal intruder who enters building due to inadequate security; landlord's summary judgment denied.
Licht v. Moses
Dec. 15, 2004 -
Landlord may opt-out of HAP contract and refuse Section 8 participation upon expiration of the tenant's lease.
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