MKBH Mgt. LLC v Strachin (2021 NY Slip Op 50694(U))
[*1]
MKBH Mgt. LLC v Strachin
2021 NY Slip Op 50694(U) [72 Misc 3d 1211(A)]
Decided on July 13, 2021
City Court Of Mount Vernon
Johnson, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on July 13, 2021
City Court of Mount Vernon
MKBH Management
LLC, Petitioner-Landlord,
against
Philip Strachin, Sophia Strachin,
Respondent-Tenant.
1320-20
Metrena Law PLLC
Attorneys for Petitioner
655 Yonkers Avenue
Yonkers, New York 10704
Karl Scully, Esq.
Attorney for Respondent
33 Del Rey Drive
Mount Vernon, New York
10552
Nichelle A. Johnson, J.
Petitioner commenced this holdover proceeding in December 2020 seeking to recover the
residential premises located at 47 N. Bleeker Street, Apt. 3R, Mount Vernon, New York 10550
("subject premises") following the alleged expiration of the respondent's tenancy. Respondent
Philip Strachin now moves to dismiss this summary proceeding on the grounds that the petition
is defective for failure to properly plead a cause of action. Respondent further moves for
summary judgment for retaliatory eviction and an order awarding respondent legal fees, both
pursuant to RPL § 223-b. Petitioner opposes the motion.
The holdover petition served on the respondent in this proceeding states that respondent is
the tenant of the subject premises and that he entered into possession of the premises under a
written lease agreement which expired after which the tenancy continued therein on a month to
month oral agreement under the terms of the original agreement. The petition also alleges that