In Holdridge/BK St., Inc. v. Lamson , Holdridge filed a nonpayment case against Richard Lamson, a commercial tenant.
When the New York County Civil Court granted relief in the landlord's favor, and awarded a final judgment of possession and a money judgment in the amount of $28,853, the tenant appealed to the Appellate Term, First Department.
Since the tenant was unable to offer an acceptable excuse for his failure to pay the rent, and the lease provided the space was to be used for commercial purposes only, the AT1 noted "to the extent that any portion thereof was unlawfully used for living purposes, it afforded no basis for relief to [the tenants] in this proceeding."
No napping at your desks, folks!
To download a copy of the Appellate Term's decision, please use this link: Holdridge/BK St., Inc. v. Lamson