Legal Opinion
1400 Broadway Associates v. Henry Lee & Co. of NY, Inc.
Civil Court of the City of New York
Decided June 1, 1994PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
Can an owner maintain a nonpayment eviction proceeding, under an expired lease, for rent which accrued long after the expiration of the lease, and after the tenant stopped paying rent as a month-to-month tenant? Is the tenant liable for rent at the rate of the expired lease?
Petitioner commenced this commercial summary proceeding against respondent based on nonpayment of rent for the period October 1, 1992 through July 31, 1993. Respondent moves for summary judgment dismissing the petition for failure to state a cause of action and in the alternative,…
2Cases cited4 opinions
- Beacway Operating Corp. v. Concert Arts Society, Inc.Civil Court of the City of New York · 1984
- Weiden v. 926 Park Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Graf v. MillerCity of New York Municipal Court · 1952
- Akivis v. DruckerAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Palumbo v. DonaldsCivil Court of the City of New York · 2003
- Tricarichi v. MoranAppellate Terms of the Supreme Court of New York · 2012
- Baiocco v. Charles H. Greenthal ManagementAppellate Division of the Supreme Court of the State of New York · 1995