Judge Mary V. Rosado

Read Full-Text Decision

Commercial sublessees moved for summary judgment and dismissal of this holdover action by commercial sublandlord in a dispute between the parties of a subleased space and use of an elevator. The sublease outlined some of tenants’ responsibilities regarding maintenance and repairs. Landlord argued, in a notice to cure, tenants violated the provision as the elevator was in a “state of disrepair” and tenants failed to repair it. Upon a failure to cure the violation, landlord terminated the tenancy. Tenants moved for dismissal arguing they received keys to the elevator upon moving in July 31, 2016 after the violation was issued by DOB. Landlord’s affidavit stated tenants received elevator keys July 9, submitting screenshots of surveillance video on July 24 and July 27 of tenants inside the premises, and standing near the elevator. The court stated based on the competing affidavits concerning the sequence of events leading to tenants’ move into the property, issues of fact remained regarding if landlord provided them elevator keys. While tenants provided evidence items were moved in on July 31, they did not sufficiently rebut landlord’s claims they received the elevator key, performed construction and damaged the elevator before the violation. Thus, summary judgment was denied.

Judge Mary V. Rosado

Read Full-Text Decision

Commercial sublessees moved for summary judgment and dismissal of this holdover action by commercial sublandlord in a dispute between the parties of a subleased space and use of an elevator. The sublease outlined some of tenants’ responsibilities regarding maintenance and repairs. Landlord argued, in a notice to cure, tenants violated the provision as the elevator was in a “state of disrepair” and tenants failed to repair it. Upon a failure to cure the violation, landlord terminated the tenancy. Tenants moved for dismissal arguing they received keys to the elevator upon moving in July 31, 2016 after the violation was issued by DOB. Landlord’s affidavit stated tenants received elevator keys July 9, submitting screenshots of surveillance video on July 24 and July 27 of tenants inside the premises, and standing near the elevator. The court stated based on the competing affidavits concerning the sequence of events leading to tenants’ move into the property, issues of fact remained regarding if landlord provided them elevator keys. While tenants provided evidence items were moved in on July 31, they did not sufficiently rebut landlord’s claims they received the elevator key, performed construction and damaged the elevator before the violation. Thus, summary judgment was denied.