71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)

Citation: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Parent Document: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Jurisdiction: New York (state)
Effective Date: 2026-05-28
Original Source: https://www.courtlistener.com/opinion/10866522/71st-st-lexington-corp-v-frankel/ ↗

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The motion court properly rejected defendant's contention that the conditional limitation under article III, paragraph first, subsection (e) was insufficient to terminate the proprietary lease (see Gouveneur Gardens Hous. Corp. v Yam Lee, 2 Misc 3d 525, 529 [Civ Ct, NY County 2003]). Although defendant maintains that conditional limitations are not enforceable in residential leases, that proscription applies only to the residential nonpayment context, where the commencement of a holdover proceeding based on chronic nonpayment could unfairly limit a tenant's remedies and defenses (see e.g. 520 E. 86th St., Inc. v Leventritt, 127 Misc 2d 566, 570 [Civ Ct, NY County 1985]). Those facts are not present here. Rather, defendant was ejected from the apartment in an earlier action between the parties by order entered July 18, 2014, rendering a notice to quit or holdover proceeding irrelevant under the particular facts here.

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