1374 Third Ave. Inc. v. The Olivia Ari Group

Landlord/Tenant Law

New York Law Journal

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Judge Nancy Bannon

In a commercial holdover proceeding, petitioner landlord sought a judgment of possession against respondent tenant, which leased the first floor and basement of its building for the purpose of operating a frozen yogurt shop. The court granted petitioner's motion for summary judgment to the extent of awarding it a judgment of possession, finding that it established that it owned the premises and entered into a lease with respondent pursuant to which respondent was required to pay petitioner a $20,000 installment for its security deposit by a certain date. The court added that respondent failed to make this installment payment, to obtain petitioner's written consent for work performed at the premises, and to provide a certificate of workers' compensation insurance. The court noted that petitioner also established that it sent respondent a notice of termination as required by the lease to end respondent's tenancy, and that respondent failed to cure the defaults.

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