520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- Citation
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- Parent Document
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- Jurisdiction
- New York (state)
- Effective Date
- 1985-03-11
Other Sections in This Document (25)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
- 520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Full Text
1,302 charsIn Park Summit Realty Corp. v Frank (107 Misc 2d 318 [App Term, 1st Dept 1980], affd 84 AD2d 700 [1st Dept 1981], affd 56 NY2d 1025 [1982]), the landlord attempted to evict a statutory “permanent tenant” (i.e., one who has resided in the hotel for six months under the Code of the Metropolitan Hotel Industry Stabilization Association, Inc. [Hotel Code]) for nonpayment of rent through the means of a holdover proceeding. Construing the words of Hotel Code § 50 which forbids eviction of a “permanent tenant * * * so long as he continues to pay rent”, the landlord contended that the tenant, upon default in rental payments, lost his status as a permanent tenant and reverted to that of a month-to-month tenant which the landlord, at his pleasure, might terminate and proceed to evict through the use of a holdover proceeding. The court rejected the landlord’s reasoning and held that the tenant’s status was that of a statutory tenant and, since the failure to pay rent was the foundation for the summary proceeding, the use of the holdover action was an improper vehicle to effect an ouster. The court dismissed the holdover proceeding in favor of the commencement of a nonpayment case in which the tenant is given the opportunity to cure the breach of his rent obligation. The Appellate Term stated: