In Cassis Family Ltd. Partnership v. Elsayed , Cassis Family Ltd. Partnership filed a summary holdover proceeding against Adel and Erika Elsayed to recover possession of a residential apartment.
Cassis claimed the Elsayeds violated their lease and perpetrated a "nuisance" by running a limousine business out of their unit and parking their vehicles in a neighboring lot. (The Elsayeds' lease only permitted residential use of the apartment.)
When the tenants asked for the case's dismissal (based on a defective notice to cure), the Westchester County Justice Court denied that request and found the Elsayeds had breached a substantial obligation of their tenancy and awarded the landlord possession of the space, together with a money judgment in the amount of $668.06.
On appeal, the Appellate Term, Second Department, thought the Elsayeds had substantially violated their lease when they continued to use their apartment for commercial purposes after the cure period expired. It also didn't help their cause that documents filed with Westchester County reinforced that the tenants were operating a business out of their home.
No free rides there!
To download a copy of the Appellate Term's decision, please use the link: Cassis Family Ltd. Partnership v. Elsayed