Landlord Obtains Judgment of Possession After Tenant Accepts Out of Court Buyout but Fails to Surrender

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP successfully obtained a judgment of possession where tenant signed out of court surrender agreement and accepted first installment of buyout money.

The owner and tenant entered into a surrender agreement in May, 2013 that provided for the tenant to receive 5 months free rent along with a $25,000 payment in two parts: $12,500 upon signing of the agreement and $12,500 upon surrender of the subject premises in September, 2013. The owner made the payment upon signing of the agreement yet the tenant failed to surrender the premises on time.

Tenant’s Motion to Dismiss Proceeding Denied; Landlord’s Motion For Discovery and Use and Occupancy Granted.

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, won a motion for discovery, and payment of use and occupancy in Missionary Sisters, Inc. c/o Halstead Mgmt. Co., LLC. v. Maureen Kenney and Laura Murphy, a non-primary residence holdover proceeding as well as defeating the tenants’ cross-motion to dismiss the proceeding.

Court Grants Motion for Summary Judgment, Landlord Wins Judgment of $169,106.25 in Past Due Use and Occupancy and Legal Fees

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, was granted both a motion to restore, and a motion for summary judgment in Moonbeams, Inv. v. Ryme Katkhouda. After the Department of Housing and Community Renewal (DHCR) determined that the apartment was exempt from Rent Stabilization, the holdover proceeding was restored to the Court’s calendar to determine a motion for summary judgment, in which Andrew Bittens successfully argued for possession of the unregulated premises.