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

Appellate Terms of the Supreme Court of New York

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

28 Misc. 3d 10

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 26, 2010

StatusPublished

This text of 28 Misc. 3d 10 (88th Street Realty, L.P. v. Maher) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

88th Street Realty, L.P. v. Maher, 28 Misc. 3d 10 (N.Y. Ct. App. 2010).

Pincite

Opinion

OPINION OF THE COURT

Per 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. Partnership, 9 Misc 3d 132[A], 2005 NY Slip Op 51624[U] [2005]). That there was delay in execution of the warrant of eviction and ouster of the licensee — delay occasioned in part by the landlord’s own inaction — cannot serve to extend the departed tenant’s liability for use and occupancy beyond the court’s merits determination formally severing the tenant’s own possessory interest in the demised premises. A contrary result could lead to the untenable result of rendering a former tenant perpetually liable for an unauthorized occupant’s postjudgment refusal to vacate, and that despite the tenant’s lack of recourse to remove the occupant or hasten the eviction process.

McKeon, EJ, and Schoenfeld, J., concur.

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OPINION OF THE COURT

Per 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. Partnership, 9 Misc 3d 132[A], 2005 NY Slip Op 51624[U] [2005]). That there was delay in execution of the warrant of eviction and ouster of the licensee — delay occasioned in part by the landlord’s own inaction — cannot serve to extend the departed tenant’s liability for use and occupancy beyond the court’s merits determination formally severing the tenant’s own possessory interest in the demised premises. A contrary result could lead to the untenable result of rendering a former tenant perpetually liable for an unauthorized occupant’s postjudgment refusal to vacate, and that despite the tenant’s lack of recourse to remove the occupant or hasten the eviction process.

McKeon, EJ, and Schoenfeld, J., concur.

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Bluebook (online)

28 Misc. 3d 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/88th-street-realty-lp-v-maher-nyappterm-2010.

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