72ND STREET ASSOCIATES, LLC, pet-land-res, v. PERSSON, res-ten-app

570188/14. 72ND STREET ASSOCIATES, LLC, pet-land-res, v. PERSSON, res-ten-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Jack Stoller, J.), entered on or about February 11, 2014, affirmed, with $25 costs. Appeal from order (Laurie L. Lau, J.), entered November 22, 2013, dismissed, without costs, as subsumed in the appeal from the final judgment.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

570188/14. 72ND STREET ASSOCIATES, LLC, pet-land-res, v. PERSSON, res-ten-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Jack Stoller, J.), entered on or about February 11, 2014, affirmed, with $25 costs. Appeal from order (Laurie L. Lau, J.), entered November 22, 2013, dismissed, without costs, as subsumed in the appeal from the final judgment.

We sustain the possessory judgment awarded in favor of landlord upon the trial of this holdover proceeding. The evidence established that tenant’s unregulated lease agreement expired by its terms on June 30, 2013, and that she had no right to continued occupancy of the East 72nd Street penthouse apartment premises. Insofar as tenant claims the existence of an oral agreement extending her lease for two additional years, any such agreement was barred by the statute of frauds (see General Obligations Law §5-703[2]). Furthermore, since tenant also failed to show that the parties ever reached a complete oral agreement as to the material terms of the lease extension, including the amount of rent to be paid during the extended term, there is no merit to her contention that the doctrine of partial performance takes the alleged agreement outside the scope of the statute of frauds (see 410 BPR Corp. v. Chmelecki Asset Management, Inc., 51 AD3d 715, 717 [2008]).

72ND STREET ASSOCIATES, LLC, pet-land-res, v. PERSSON, res-ten-app

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal