Saturday, May 25, 2019

Court rules in favor of Maspeth hotel's landlord


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Earlier this month, the New York Supreme Court issued a blow to New Ram Realty, (aka Harshad Patel, et al) by siding with the landlord of the Maspeth Holiday Inn Express in declaring that New Ram's arrangement with Acacia Network violated the terms of their land lease. The court:
  • "Ordered, adjudged and decreed that defendant New Ram Realty, LLC's renting of rooms at property located at 59-40 55th Road, Maspeth, New York to DHS or another agency of New York City to house homeless persons constitutes a material departure from the use provisions (Article 5 and Section 35.8) of the lease and a breach of such use provisions; and it is further,
  • Ordered, adjudged and decreed that plaintiff KCM Realty Company is entitled to exercise its remedies under the lease; and it is further,
  • Ordered, that the motion for summary judgment on the third cause of action  is granted on the issue of liability."
In the order, the court pointed out that not only did New Ram breach its contract with KCM, but it also violated the City's Zoning Code by housing homeless at the hotel for extended periods of time.


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