Category Archives: Landlord-Tenant

This was originally posted on the SGR Bloog.

Was Photocopy of Lease Dispositive Evidence of Lost Original?

Many real property disputes arise out of written contracts, such as a lease. The “original” lease is the “best evidence” of the agreement. With the passage of time, the original document often cannot be found. As a recent case illustrates, the Court must then determine if what is propounded as a photocopy is an evidentiary substitute for the original.

Peter and Elizabeth Casanas, husband and wife, sued Carlei Group, LLC, alleging that in 1990, they executed a lease with the owner of the building located at 73 West 82nd Street, in New York County, for apartment 3C/3W, in which they resided. And sought a declaration of their rights as lessees.

This was originally posted on the SGR Blog.

Did Second Tenant Engage in Unreasonable Behavior?

Bats infested the attic of a house in Hamptonburgh that renters occupied on the two floors. Was the second-floor tenant subject to eviction for failure to cooperate in remediation?

Coldenham, LLC owned a two-family residence located at 51 Neelytown Road in Hamptonburgh.  Katrina Maldonado and her two children lived in the second-floor apartment for over four years. Joyce Foulkes resided in the first-floor apartment for about twenty years.

This was originally published on the SGR Blog.

Did Second Tenant Engage in Unreasonable Behavior?

Bats infested the attic of a house in Hamptonburgh that renters occupied on the two floors. Was the second-floor tenant subject to eviction for failure to cooperate in remediation?

Coldenham, LLC owned a two-family residence located at 51 Neelytown Road in Hamptonburgh.  Katrina Maldonado and her two children lived in the second-floor apartment for over four years. Joyce Foulkes resided in the first-floor apartment for about twenty years.

This was originally posted on the SGR Blog.

Was Tenant Permitted to Operate Unlicensed Cabaret?

Use clauses in commercial leases are intended to unambiguously define and delineate the business purposes contemplated for the space. But, as a recent case illustrates, the landlord and tenant may disagree on whether or not the actual use is permitted.

39-50 24th St. Realty Corp, as landlord, and Ol’ Bridge Cafe Inc., as tenant, entered into a commercial lease agreement for 39-48/50 24th Street, Ground Floor Store, Long Island City, for a term of five (5) years commencing February 1, 2016.

This was originally posted on the SGR blog.

Would Witnesses Be Allowed to Testify Anonymously At Trial?

A multi-family residential building is terrorized by members of an armed and violent street gang that congregates in one of the apartments. The landlord seeks to evict the tenants of that unit in a so-called “nuisance” summary proceeding—in which many of the witnesses would be neighbors of the gang-member/tenants. But those witnesses fear for their safety and want to testify anonymously. And the Court is asked for permission for them to do so. Are the tenants charged with misconduct entitled to know the identities of the witnesses against them? 

Y.A. Mullings Inc. filed a holdover proceeding against Veronica Hall, Oriceida Yearwood, Marcus Yearwood, and Malcolm Yearwood seeking possession of 394 Montgomery Street, Apt. 4B in Brooklyn and alleged that they have committed a nuisance. Mullings asked the Court to permit its witnesses to testify at a closed hearing at which the tenants would not be able to observe the faces or ascertain the identities of the witnesses.