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/10124722/1719-gates-llc-v-torres/ ↗

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RELEVANT FACTUAL AND PROCEDURAL HISTORYPetitioner 1719 Gates LLC filed the instant holdover against Dianne Torres and her undertenants on May 14, 2024, seeking possession of an apartment within a six-unit multiple [*2]dwelling in Queens, New York (see NYSCEF 1 and 2). The basis of the proceeding is the expiration and non-renewal of Respondent's lease expiring March 31, 2024, following service of a 90-day notice of termination and non-renewal pursuant to Real Property Law (RPL) 226-c and 232-a dated January 25, 2024, with an effective termination date of April 30, 2024 (see NYSCEF 1 at 6). The Petition pleads the building is exempt from rent-stabilization by virtue of its construction after 1974 and/or substantial rehabilitation (Petition, NYSCEF 1, ¶ 7). The Petition further alleges that "[g]rounds for Non-Renewal exist, pursuant to RPL 216(1)(a)(i) in that the tenant has failed to pay rent due and owing for rent that came due prior to the enactment of the 'Good Cause' Eviction Law." (id. at ¶ 8).

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