2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

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for withholding real property obtainable in action to recover possession; set-off by defendant,"
and provides for the damages, including lost profits and rents, or the value of use and occupancy
that a plaintiff may recover from a defendant who has been improperly withholding plaintiff's
property. This statute further provides that, when a defendant makes permanent improvements to
the property in good faith, "while holding under color of title, adversely to the plaintiff," the
value of such improvements must be used to reduce the amount of damages owed by defendant
to plaintiff, but not beyond that which is owed to plaintiff.

The tenth cause of action further alleges that, as a result of the cellar unit proprietary lessees'
failures to comply with the certificate of occupancy and their violation of various statutes and
codes, Stable is exposed to the possibility of incurring fines and penalties, and is at risk for a
mortgage default, pursuant to Multiple Dwelling Law § 302 (1), which permits the
mortgagee to declare a mortgage due if the building is fully or partially occupied in violation of
Multiple Dwelling Law § 301. The latter statute provides that a multiple dwelling can not
be occupied, in whole or in part, unless a certificate is issued demonstrating that the dwelling
fully conforms to the Building Code, all applicable laws and the requirements of certain
provisions of the Multiple Dwelling Law. Aside from seeking to recover the cellar units or parts
thereof and to eject the occupants of the cellar units from their apartments or from the cellar parts
of those units, this cause of action charges Youngberg, Cavaleri, and El-Sawy with violating their
proprietary leases, the certificate of occupancy, and various statutes and codes, and seeks to bar