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Royal Terr. Assoc. v. Singh

Landlord Entitled to Final Judgment of Money, Possession of Garage Space From Tenant

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BACKGROUND

*1  This summary nonpayment proceeding was commenced by ROYAL TERRACE ASSOCIATES LP(Petitioner) against BHAGWANDAI SINGH (Respondent) seeking to recover possession of Garage Space 152, at 2020 Grand Concourse, Bronx, NY 10447 (Subject Premises).PRIOR RELATED PROCEEDINGSThis is the third summary proceeding trial that has taken place between the parties since 2010.A holdover proceeding under index Number 901819/2010, was tried in April 2011. The trial court awarded Petitioner a judgment of possession. Respondent appealed and the Appellate Term reversed and ordered a new trial, finding the record was insufficient to determine whether the Subject Premises was ancillary service and governed by Rent Stabilization [Royal Terrace Associates LP v. Singh 39 Misc 3d 135(A)].No new trial ever took place under that Index Number.1In early 2017, Petitioner commenced a second holdover proceeding (Index Number 900619/17), alleging that Respondent used the Subject Premises to house an unregistered car, that had no license plates or valid inspection, and was used solely for storage of personal items. Petitioner asserted that Subject Premises were exempt from Rent Stabilization because the Subject Premises is “commercial in nature and contained within a parking garage.” After a trial in June 2017, this Court dismissed the proceeding holding Petitioner had failed to offer evidence on the issue of whether the space was an ancillary service under Rent Stabilization, and had failed to prove a prima facie case [Royal Terrace Assocs. LP v. Singh 56 Misc 3d 1203(A)].This non-payment proceeding followed.

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