Court Limits Monthly Use and Occupancy Payment

LVT Number: #29857

Landlord sued to evict tenant, and asked the court to order payment by tenant of monthly use and occupancy while the case was pending. Landlord also asked the court to rule in its favor without a trial. The court denied landlord's summary judgment request and ordered tenant to pay $3,025 per month prospectively but not retroactively.

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500 Cathedral Parkway LLC v. Gutierrez: 61 Misc.3d 148(A), 2018 NY Slip Op 51723(U)(App. T. 1 Dept.; 12/3/18; Shulman, PJ, Cooper, Edmead, JJ)