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Landmark Associates. v. Ruiz

Civil Court of the City of New York, New York County

December 11, 2013

Landmark Associates, Petitioner-Landlord
v.
Lumin Ochoa Ruiz and MANUEL RUIZ 304 East 62nd Street, Apartment 10 NEW YORK, NEW YORK 10065, Respondent-Tenant ELNORA RUIZ, "John Does 1-5" and "Jane Does 1-3" Respondent-Undertenants.

Unpublished Opinion

KOSSOFF & UNGER Attorneys for Petitioner By: Mark H. Ginsberg, Esq.

LENOX HILL NEIGHBORHOOD HOUSE Attorneys for Respondent Lumin Ochoa Ruiz By: Lauren Sismondo, Esq.

Sabrina B. Kraus, J.

BACKGROUND

The underlying summary holdover proceeding was commenced by LANDMARK ASSOCIATES (Petitioner) against LUMIN OCHOA RUIZ and MANUEL RUIZ (Respondents), the rent stabilized tenants of record, based on the allegation that Respondents have permitted occupants in the Subject Premises in violation of their lease and that this constitutes a breach of substantial obligation of their tenancy as set forth in Rent Stabilization Code §2524.3(a).

Both parties have moved for summary judgment. On, the court heard argument and reserved decision. The motions are consolidated herein for disposition.

DISCUSSION

Respondents are the tenants of record pursuant to a written lease agreement dated September 1, 1993, which was thereafter renewed. Petitioner alleges Respondents have breached paragraph "1", "11" and "17" of said lease.

Paragraph 1 allows occupancy by the named tenants, and their immediate family, and any additional occupants as permitted in RPL §235-f.

Paragraph 11 provides that Respondents are obligated to comply with applicable government laws.

Paragraph 17 addresses defaults in general.

Respondents are a married couple, respectively 76 and 89 years old, and have lived in the Subject Premises for over 20 years. They have seven children, five of whom reside in the United States, and five grandchildren also residing in this country. Birth certificates for all five children have been provided by Respondents in the moving papers. Respondents are dependent on their children to assist them with daily activities and care, given their age and health. Respondents acknowledge that they have had immediate family members stay overnight in the Subject Premises, but state this has been limited only to members of their immediate family, and that the only people currently residing in the Subject Premises are Respondents and their adult daughter Generosa Ruiz, who is disabled. Additionally, another son had stayed with Respondents while being treated for liver cancer at Mount Sinai Hospital, but has since returned to the Philippines.

Petitioner alleges to have installed a camera to record who enters and exits from the front door of the Subject Premises. While the pleadings are not explicit, Petitioner's moving papers clearly specify that they seek to maintain this proceeding based on alleged overcrowding of the Subject Premises and an alleged ...


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