2023 NY Slip Op 23190

417 E. Realty LLC v Kejriwal (2023 NY Slip Op 23190)

417 E. Realty LLC v Kejriwal

2023 NY Slip Op 23190 [80 Misc 3d 583]

June 26, 2023

Bacdayan, J.

Civil Court of the City of New York, New York County

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 25, 2023

[*1]

417 East Realty LLC, Petitioner,
v
Rahul Kejriwal et al., Respondents.

Civil Court of the City of New York, New York County, June 26, 2023

APPEARANCES OF COUNSEL

Law Office of Jonathan E. Neuman (Jonathan Ellery Neuman of counsel) for respondents.

Daniels Norelli Cecere & Tavel (George Norelli of counsel) for petitioner.

{**80 Misc 3d at 584} OPINION OF THE COURT
Karen May Bacdayan, J.

Procedural History and Background

This is a holdover proceeding based on service of a notice of nonrenewal of lease pursuant to Real Property Law § 226-c on Rahul Kejriwal (respondent) and other presumed occupants of the apartment. Respondent's lease expired May 27, 2022. Petitioner served respondent with the notice of nonrenewal on or about September 13, 2022, which terminated his tenancy as of November 20, 2022. (NY St Cts Elec Filing [NYSCEF] Doc No. 1 at 7-9, notice of nonrenewal & aff of serv.) Petitioner commenced the proceeding on December 16, 2022. (Id. at 1-2.) Prior to the commencement of the proceeding, and prior to the expiration of his lease, respondent applied for the COVID-19 Emergency Rental Assistance Program of 2021 (ERAP) assistance and was approved in April 2022 with a stated payment date of April 20, 2022, almost five months prior to petitioner's{**80 Misc 3d at 585} service of the notice of nonrenewal, and eight months prior to commencing this proceeding. (NYSCEF Doc No. 10, respondent's exhibit 1, notice of approval for