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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Footnote 4:In discussing countervailing authorities, the Appellate Term in Windy Acres noted that the Appellate Division in the Second Department previously held that a conditional limitation provision allowing for early termination was enforceable in a private cooperative in Goldberg Realty Co. v 61 Bronx Riv. Rd. Owners, Inc., 83 AD3d 129 [2011], whereas in the rent-stabilized context the Appellate Term in the First Department imposed a blanket rule that a holdover does not lie for mere nonpayment of rent (see Park Summit Realty Corp. v Frank, 107 Misc 2d 318, 324 [App Term, 1st Dept 1980], affd 84 AD2d 700 [1981], affd on other grounds 56 NY2d 1025 [1982]). In this court's view, the rent-stabilized context is more apropos to the matter at hand inasmuch as a GCEL-protected tenancy is a new form of government-regulated tenancy in which the legislature's has expressed its desire to protect such tenants from displacement and eviction, as opposed to that of a shareholder in a cooperative where "relationships among shareholders . . . are sufficiently distinct from the traditional landlord-tenant relationships . . . " (40 W. 67th St. Corp, v Pullman , 100NY2d 147, 155 [2003]).

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