Parkchester Lease Agreement

The dismissal of those applications on the grounds invoked by the defendants would give them a tenancy of indefinite duration, exempt from the restrictions laid down in the lease itself.   Clearly, the legislator never wanted such leases to remain in effect in the long term.  (See 58 W. 58th St. Tenant Assoc. v. 58 W. 58th St. Associates, 126 Misc.2d 500, 482 N.Y.S.2d 952). None of these respondents could reasonably have expected their tenancy to be extended in the long term.   A reasonable approach requires the following conclusion: respondents were fully aware that their respective leases contained an expiry clause;  In addition, the applicant stressed in his lease that there is no legal obligation to renew his leases.

  The respondents` view that these condominium leases could somehow fall within the scope of GBL 352-eeee and thus provide them with legal protection is contrary to common sense and a realistic view of the nature and understanding of their written agreements.   These written leases were nothing more than annual rents, which were liable to be extended if certain conditions were met, and by the applicant at will. The New York Condominium Lease Agreement Form is a legal document created between the owner of a condominium and a selected tenant. The document contains a wording that defines the conditions of rental of the condominium. This document could be similar to the terms of a housing contract, but it also addresses issues specific to renting a condominium, including the landlord`s responsibility to ensure that the tenant joins the municipality`s landlords` association and the landlord`s obligation to make monthly payments as if they were living there themselves. The purpose of this particular tenancy document is to clarify the terms of the lease with respect to the condominium and its community. The document must be read in its entirety. The developer of the condominium conversion completed the north condominium in the 1970s and the south condominium in the 1980s and holds 100% of its capital or interest in the unsold individual condominium units at Parkchester Preservation Co., L.P. under the deed dated 1st. It was sold in July 1998.   None of the Fair Trade Co-ownership Leases contained in this document have been renewed.   They have not been renewed for several years.

  However, when settling previous non-payment proceedings, fair market condominium leases were extended in writing from year to year when non-payment cases were resolved.   None of the tenants in this litigation were physically inhabited when the North or South condominiums were created in the 1970s and 1980s, respectively.  The respondent`s second affirmative defence, alleging that the applicant agreed to offer the respondents a one-year lease, is unconvincing and is not supported.   Paragraph B of the lease clearly provides that the tenant does not have the right to continue to occupy or the right to renew the lease after the end of the lease.   Thus, this affirmative defense is affected in law and in construction. The defendants seek the dismissal of the six (6) immediate detention proceedings on the ground that this procedure cannot be maintained under Article 352-eeee of the General Economic Law (Martin Law).   The applicant requested a summary judgment in his favour and a statement that the co-ownership leases between the parties had expired and that their leases had been terminated;  in addition, issuing possession judgments and deportation orders;  the defendant`s first defence, invoked on Article 352-eeee of general commercial law, and the second defence of the opponents of the strike;  The first affirmative defence, alleging that that action was brought in retaliation for the tenants who committed breaches of the premises;  the removal of the second affirmative defence alleging that the applicant had agreed to offer the defendants a one-year lease;  and the first counterclaim for alleged defects in the premises. After adopting each plan, Parkchester Apts..

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