34th Street Penn Association, LLC v. Payless Shoesource, Inc., New York County Landlord-Tenant Index No. 075998/2012

This commercial landlord-tenant case involved a straight-forward issue of contract interpretation.  The tenant, a retailer,  was, allegedly, concerned about leasing space in a building that had no tenants for its other retail space.  Thus, the lease contained a

Graham Court Owner’s Corp. v. Taylor, Appellate DivisionFirst Department 70520/2010

In a 3-2 decision, the First Department has endorsed a broad reading of Real Property Law § 234.  That statute provides for an implied reciprocal right of a residential tenant to recover attorneys’ fees whenever the lease provides that a landlord may recover attorneys’ fees

Mins Court Housing Co., Inc. v. Wright, Bronx County L&T Index No. 013224/2013

In this residential holdover proceeding, the landlord alleged chronic delinquent rent payments and, on that basis, purported to terminate the tenant’s lease.  The Petition claimed that over a fifteen-year tenancy, the landlord brought twelve separate non-payment proceedings.  Nine of those proceedings,

383 Realty Corp. v. Young, New York County Landlord Tenant Court Index NO. 89487/2011

In this residential landlord-tenant case the tenant was able to prevail on a laches defense where the landlord did not commence a summary nonpayment proceeding for 42 months after the tenant stopped paying her rent.  The landlord offered testimony that the

PVF Inc. v ZCAM LLC, New York County Supreme Court, Index No. 651360/2013

Justice Charles Ramos has ruled that a landlord’s duty to cooperate in obtaining government approvals includes more than merely executing documents.  In this commercial case brought by a tenant against its landlord, the tenant alleged that the landlord breached the lease by

Union Senior Plaza v. Mavins, Landlord-tenant Court, Nassau County District Court Index No. 001236/2013.

As every L&T practitioner knows, landlord-tenant cases come in two varieties: non-payments and holdovers.  A frequently presented issue is what to do with a tenant that is chronically delinquent with the rent.  That is, when should the landlord stop filing