Legal Opinion

Next Generation Fulton, LLC v. Community Counseling & Mediation Services

Civil Court of the City of New York

Decided July 21, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Katherine A. Levine, J.

The first issue presented is whether a commercial lease term can be terminated automatically when a tenant defaults in payment of rent or real estate taxes, and the landlord previously violated the lease resulting in a judgment for the tenant which remains unpaid. The second issue is whether the tenant established a valid defense to the holdover by showing that the judgment amount in the tenant’s favor exceeded the unpaid real estate taxes claimed as the basis for eviction.

Petitioner Next Generation Fulton, LLC (petitioner or NGF) commenced this…

2Cases cited8 opinions

  1. TSS-Seedman's, Inc. v. Elota Realty Co.New York Court of Appeals · 1988
  2. Ranalli v. BurnsAppellate Division of the Supreme Court of the State of New York · 1990
  3. Grand Liberte Cooperative, Inc. v. BilhaudAppellate Terms of the Supreme Court of New York · 1984
  4. Linden Boulevard, L. P. v. Elota Realty Co.Appellate Division of the Supreme Court of the State of New York · 1993
  5. B. Boman & Co., Inc. v. Professional Data Management Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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