Garage Space Eviction Case Dismissed for Failure to Identify Space

August 29, 2017

LVT Number: #27889

Landlord sued to evict residential tenant from a parking space in the building's garage. Landlord claimed that tenant didn't have a valid lease for the space. But landlord didn't describe which space tenant occupied or which it sought to recover, while in prior cases it had described the space inconsistently. Tenant claimed that she had the parking space for 17 years and that it was rented to her in connection with her apartment lease.

Landlord sued to evict residential tenant from a parking space in the building's garage. Landlord claimed that tenant didn't have a valid lease for the space. But landlord didn't describe which space tenant occupied or which it sought to recover, while in prior cases it had described the space inconsistently. Tenant claimed that she had the parking space for 17 years and that it was rented to her in connection with her apartment lease. The court dismissed the case because landlord failed to prove which parking space tenant occupied and that it was the space sought to be recovered.

Royal Terrace Assoc. LP v. Singh: Index No. 900619/2017, NYLJ No. 1202792097395 (Civ. Ct. Bronx; 6/26/17; Kraus, J)

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