1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)

Citation: 1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)
Parent Document: 1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-09-23
Original Source: https://www.courtlistener.com/opinion/10124589/1719-gates-llc-v-torres/ ↗

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The Respondents have never appeared, and as a result the court conducted an inquest on September 11, 2024. Petitioner's property manager Shaye Falkowitz testified, and the court admitted into evidence a certified deed, certified multiple dwelling registration, certified rent registration history listing the subject apartment as exempt due to substantial rehabilitation by filing dated July 27, 2015, a non-regulated lease renewal with Respondent for the period of April 1, 2024, through March 31, 2024, for $4,100 per month, and a rent ledger reflecting $29,890 in outstanding rental arrears and use and occupancy owed through September 2024, the bulk of which are post-termination arrears for the months of April 2024 through September 2024. Mr. Falkowitz testified that he authorized service of the 90-day non-renewal and termination notice, that Respondent moved into the premises in 2021, that the last lease was never extended after it expired, and that no rent was accepted after the lease expired. The court allowed Mr. Falkowitz to submit a supplemental affidavit of facts dated September 18, 2024 (NYSCEF 5), wherein he states that the building was vacant in 2014-2015 when it was gut renovated, that over 75% of the building-wide systems were replaced, and that this work did not require a new certificate of occupancy as a "Type 2 Alteration."

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