47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)

Citation: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Parent Document: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-05-28
Original Source: https://www.courtlistener.com/opinion/10594925/47-05-ctr-spe-llc-v-hack/ ↗

Full Text

829 chars

Respondent interposed an answer on October 28, 2024, alleging, in addition to a general denial, one affirmative defense, namely that Petitioner vitiated its nonrenewal notice by subsequently commencing a nonpayment proceeding on February 14, 2024, which was later discontinued on July 15, 2024, without the entry of a judgment. Respondent subsequently moved for summary judgment on this basis. By decision and order, dated December 11, 2024, Judge Guthrie denied the motion, concluding that the commencement and subsequent discontinuance of a nonpayment proceeding, filed before the final vacate date in the nonrenewal notice, and only seeking rent due under the parties' last lease, did not vitiate the notice or "signify the ratification [*2]of a new tenancy" (NYSECF 30). This court conduced a one-day trial on April 22, 2025.

Other Sections in This Document (28)

Full Text