Legal Opinion

88th Street Realty, L.P. v. Maher

Appellate Terms of the Supreme Court of New York

Decided May 26, 2010Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated July 11, 2008, insofar as appealed from, affirmed, without costs.

Having failed to discharge his leasehold obligation to remove his licensee at the expiration of the lease term (see Stahl Assoc. Co. v Mopes, 111 AD2d 626, 629 [1985]), the tenant remained responsible to the landlord for the licensee’s continued occupancy during the pendency of the summary holdover proceeding, viz., until the January 2, 2008 issuance of a possessory judgment in landlord’s favor (see Fisher Ave. Realty Partners v Hausch, 186 Misc 2d 609 [2000]; Rubin v Academy Props. Ltd.…

3Cases cited2 opinions

  1. Stahl Associates Co. v. MapesAppellate Division of the Supreme Court of the State of New York · 1985
  2. Fisher Avenue Realty Partners, L.P. v. HauschAppellate Terms of the Supreme Court of New York · 2000

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