Tenant Doesn't Have Specific Parking Spot
LVT Number: 11653
Landlord sued to evict rent-stabilized tenant for nonpayment of rent for a garage space. Tenant had a rent-stabilized apartment in landlord's building and had also signed a Garage Parking Agreement for Rental Tenants" for a space in the building's garage. The court ruled for landlord awarding possession of the garage space and back rent. Tenant appealed claiming that the court didn't have authority to rule because the garage space wasn't real property. The appeals court ruled for tenant. The garage rental agreement stated that no specific space was reserved for tenant and that the parking attendant would park tenant's car wherever a space was available. Landlord couldn't maintain a summary proceeding to recover possession of real property since tenant didn't have exclusive possession of a specified portion of real property."
Parman Corp. v. Brach: NYLJ, p. 28, col. 2 (7/15/97) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)