(DOWNLOAD) "Stepping Stones Associates v. Seymour" by Appellate Term, Second Department New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Stepping Stones Associates v. Seymour
- Author : Appellate Term, Second Department New York Supreme Court
- Release Date : January 11, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
On a prior appeal in this nonpayment proceeding (Stepping Stones Assoc. v Seymour, 184 Misc 2d 990 [2000]), this court reversed a final judgment in favor of landlord entered upon a default by tenant in making a court-ordered deposit. While the appeal from that final judgment was pending and after a warrant had issued pursuant thereto, landlord offered tenant an ETPA renewal lease, which tenant executed, and tenant paid the rents due thereunder. He then moved in the City Court for relief, including dismissal of the nonpayment petition, arguing that, in view of the execution of the renewal lease and landlords acceptance of rents thereunder, landlord was no longer entitled to recover possession for the rents owed under the expired lease. By order dated December 17, 1999, the City Court (J. Friia, J.) denied the relief sought, holding that landlord was compelled, under the Emergency Tenant Protection Regulations (9 NYCRR 2503.5), to offer the renewal lease (citing AA Spirer & Co. v Adams, NYLJ, June 3, 1991 [App Term, 1st Dept]). Tenant renews the same contention on this appeal.
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