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/ ↗

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THE TRIAL RECORDThe sole witness to testify for either side was Heyward Shine, an employee of the managing agent. During his testimony, the court admitted into evidence a certified assignment of rents, a certified multiple dwelling registration, and a copy of the parties' last fully executed renewal lease, renewing the tenancy for the period of January 1, 2023, through December 31, 2023, at a monthly rent of $4,250. Mr. Shine testified that Petitioner authorized service of the predicate nonrenewal notice and the Petition, and that the lease between the parties, Docusigned by Respondent, was a document made and retained by Petitioner in the ordinary course of its business. The witness further testified that Respondent has not paid any rent since the case was commenced in May 2024, for a total of twenty-three months outstanding use and occupancy pendente lite as of April 2025. Following the testimony, Petitioner rested and sought a possessory judgment and a money judgment for all use and occupancy accrued since commencement of the proceeding, albeit without seeking to amend the Petition, which sought use and occupancy only through April 2024

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