Legal Opinion · Concurring in part, dissenting in part

615 Nostrand Avenue Corp. v. Roach

Appellate Terms of the Supreme Court of New York

Decided December 11, 2006Published

1Concurring in part, dissenting in partWeston Patterson, J.

In my view, the absence of a lease agreement did not preclude landlord from recovering arrears for the period from March 2001 to December 2003. It is undisputed that in July *52002 the Division of Housing and Community Renewal determined that tenant had a right of succession and directed landlord to extend her a lease. Since then, tenant has never disputed her status and, indeed, maintains that she repeatedly sought a lease. Although landlord delayed in extending her one, it cannot be said, on this record, that there was any conduct that would negate the existence of an implied lease agreement (see…

2Cases cited3 opinions

  1. 245 Realty Associates v. SussisAppellate Division of the Supreme Court of the State of New York · 1998
  2. 1560-80 Pelham Pkwy. Assocs. v. ErricoAppellate Terms of the Supreme Court of New York · 1998
  3. Pald Enterprises, Inc. v. GonzalezAppellate Terms of the Supreme Court of New York · 1997

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