Glambosky, Tare and Grill Obtain Summary Judgment On Behalf of New York City LandlordJuly 22, 2013 |
Erez Glambosky, Josh Tare and David Grill, partners in the firm’s Litigation and Appeals practice group, were victorious on behalf of a New York City landlord in a classic landlord-tenant battle over a residential apartment in Manhattan. The landlord commenced the proceeding to recover possession of the subject apartment on the grounds that the tenants’ lease had expired and the landlord elected not to renew the lease. The landlord also sought fair market use and occupancy and an award of attorneys’ fees and costs.
In defense of the landlord’s holdover proceeding, the tenants’ claimed that their tenancy was protected by rent stabilization, thereby entitling them to a lease renewal, an award of rent overcharge and attorneys’ fees. The Court summarily rejected the tenants’ arguments that the apartment was rent stabilized and, in granting the landlord summary judgment, ruled that the tenants’ signed a lease for a fair market apartment which was no longer subject to rent stabilization when the original lease was signed, due to major improvements performed in the apartment after the last rent regulated tenant surrendered possession. Accordingly, the court awarded the landlord a judgment of possession and warrant of eviction, as well as an award of fair market use and occupancy and attorneys’ fees.
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