North Shore Community Services, Inc. v. Community Drive LLC

Appellate Division of the Supreme Court of New York

North Shore Community Services, Inc. v. Community Drive LLC

120 A.D.3d 1142, 992 N.Y.S.2d 435

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 2014

Docket13042N 650335/13

StatusPublished

This text of 120 A.D.3d 1142 (North Shore Community Services, Inc. v. Community Drive LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North Shore Community Services, Inc. v. Community Drive LLC, 120 A.D.3d 1142, 992 N.Y.S.2d 435 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Cynthia Kern, J.), entered December 23, 2013, as amended February 19, 2014, which granted defendant’s motion for summary judgment on its counterclaims for use and occupancy and attorney’s fees, unanimously affirmed, with costs.

Plaintiffs argument that defendant’s acceptance of its tender of rent for the month following the expiration of the lease agreement created a new month-to-month tenancy under Real Property Law § 232-c is refuted by the unambiguous terms of the *1143 lease (see Matter of Wallace v 600 Partners Co., 86 NY2d 543 [1995]; 101123 LLC v Solis Realty LLC, 23 AD3d 107 [1st Dept 2005]). Real Property Law § 232-c provides that if the landlord accepts rent for any period subsequent to the expiration of the lease term, the tenancy thereby created will be from month to month, “unless an agreement either express or implied is made providing otherwise.” Article 61 of the parties’ lease is such an agreement. It provides that, upon plaintiffs default of its obligation to surrender the premises at the end of the lease term, plaintiffs continued occupation of the premises, with or without defendant’s consent or acquiescence, will be treated as a tenancy at will and “in no event” a tenancy from month to month.

Concur — Sweeny, J.E, Moskowitz, DeGrasse, Manzanet-Daniels and Clark, JJ.

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Order, Supreme Court, New York County (Cynthia Kern, J.), entered December 23, 2013, as amended February 19, 2014, which granted defendant’s motion for summary judgment on its counterclaims for use and occupancy and attorney’s fees, unanimously affirmed, with costs.

Plaintiffs argument that defendant’s acceptance of its tender of rent for the month following the expiration of the lease agreement created a new month-to-month tenancy under Real Property Law § 232-c is refuted by the unambiguous terms of the *1143 lease (see Matter of Wallace v 600 Partners Co., 86 NY2d 543 [1995]; 101123 LLC v Solis Realty LLC, 23 AD3d 107 [1st Dept 2005]). Real Property Law § 232-c provides that if the landlord accepts rent for any period subsequent to the expiration of the lease term, the tenancy thereby created will be from month to month, “unless an agreement either express or implied is made providing otherwise.” Article 61 of the parties’ lease is such an agreement. It provides that, upon plaintiffs default of its obligation to surrender the premises at the end of the lease term, plaintiffs continued occupation of the premises, with or without defendant’s consent or acquiescence, will be treated as a tenancy at will and “in no event” a tenancy from month to month.

Concur — Sweeny, J.E, Moskowitz, DeGrasse, Manzanet-Daniels and Clark, JJ.

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Bluebook (online)

120 A.D.3d 1142, 992 N.Y.S.2d 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-shore-community-services-inc-v-community-drive-llc-nyappdiv-2014.

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