Tenant Signed Lease, Not Purchase Agreement
LVT Number: 15062
(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Landlord sued to evict month-to-month tenant after sending him a 30-day termination notice. Tenant previously had a one-year lease, starting in August 1990. Tenant claimed that the lease was actually a purchase agreement, so landlord couldn't evict him. The court ruled against tenant. The agreement clearly was a lease, with an option to purchase. It wasn't a purchase agreement. Tenant never used the purchase option when he had it, and landlord bought the apartment in 1991. Landlord was entitled to evict tenant.
Brel Assocs. v. Ihonde: Index No. 80136/00 (Civ. Ct. Queens 6/25/01; Katz, J) [5-pg. doc.]
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