Legal Opinion

Benroal Realty Associates, L.P. v. Lowe

Appellate Terms of the Supreme Court of New York

Decided June 27, 2005PublishedCited by 1 opinion

1Opinion of the Court

*5OPINION OF THE COURT

Memorandum.

Final judgment unanimously affirmed without costs.

In this commercial summary holdover proceeding, the petition alleges that tenants took possession of the premises known as Lobby No. 2 and Lobby No. 3 at 135 Clinton Street, Hemp-stead, pursuant to a commercial lease commencing May 1, 1996 and ending April 30, 1998, and, after the lease’s expiration, continued in possession as month-to-month tenants. Landlord terminated the tenancy on October 31, 1999 by serving a 30-day notice. Asserting, at trial, that landlord had consented to their residential use of the…

2Cases cited9 opinions

  1. Gracecor Realty Co. v. HargroveNew York Court of Appeals · 1997
  2. Ruiz v. Chwatt AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
  3. Metzendorf v. 130 West 57 Co.Appellate Division of the Supreme Court of the State of New York · 1987
  4. O'Quinn v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2001
  5. Fuller Co. v. Kensington-Johnson Corp.Appellate Division of the Supreme Court of the State of New York · 1996

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3Cited by1 opinion

  1. 315 Berry Street Corp. v. Hanson Fine ArtsAppellate Division of the Supreme Court of the State of New York · 2007

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