Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kern v. Guller, 40 A.D.3d 1231 (2007)

Citation
Kern v. Guller, 40 A.D.3d 1231 (2007)
Parent Document
Kern v. Guller, 40 A.D.3d 1231 (2007)
Jurisdiction
New York (state)
Effective Date
2007-05-10

Full Text

1,103 chars
Justice Court had jurisdiction to entertain this summary proceeding and properly granted judgment on the petition. The petition is based upon respondent’s nonpayment of rent and holding over after expiration of the term of his tenancy (see RPAPL 711 [1], [2]). Although these grounds for eviction are inconsistent, inconsistent causes of action may be pleaded in the alternative (see CPLR 3014; Rockaway One Co. v Califf, 194 Misc 2d 191, 194 [2002]). To maintain a summary holdover proceeding, the landlord must allege and prove that the tenant remains in possession after the expiration of his or her term (see RPAPL 711 [1]; Perrotta v Western Regional Off-Track Betting Corp., 98 AD2d 1, 2 [1983]). Here, the court found that the parties’ oral month-to-month tenancy was terminated by petitioner’s oral and written notices to quit given in October and November 2005, and we give deference to the court on this factual determination (see Real Property Law § 232-b; McGloine v Dominy, 233 NYS2d 161, 163 [1962]; McGuirk v Ferran, 222 AD2d 943, 945 [1995], lv dismissed and denied 88 NY2d 1003 [1996]).