Honig, Antar and Ross Win Summary Judgment in Commercial Holdover Proceeding

Jeremy Honig, Mark Antar and Burton Ross won summary judgment and the eviction of a defaulting commercial tenant from the building known as 343 Lexington Avenue, New York, NY, which is owned by the firm’s client.

In a thorough decision issued this week, Judge Elena Baron of the New York County Civil Court credited Rivkin’s arguments and rejected the respondent/tenant’s claim that it had renewed its previously expired lease. The court cited prior admissions of the respondent’s principal and other evidence supplied by Rivkin demonstrating that the respondent was in default when it tried to renew, voiding the purported renewal. The court also credited the evidence and case law that Rivkin used to demonstrate that a month-to-month tenancy had been created and properly terminated, warranting a judgment of eviction.

Finally, the court ordered the respondent to pay use and occupancy for the entire holdover period, as well as Rivkin’s attorney’s fees.

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