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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have an apartment in a coop in nyc that the coop is

Customer Question

I have an apartment in a coop in nyc that the coop is taking me to court for failure to pay assessments and late fees. Their theory of recovery is the holdover. There has been no landlord tenant legal activity with this cooperative since the 90's. They are sending notice to secured parties and a notice of default to me. My understanding is that the holdover with predicate notice to cure and terminate can only be used as a vehicle for holdover when there is a substantial breach of the lease. Not an issue of allegedly not paying assessments and a few late fees (which are incorrect also) This must be the non-pay, as I understand unless there is a pattern of chronic non payment of rent, or late pay that is documented. In any event because there are secured parties I know they are going to do what they have to to secure their interests and the first and easiest is to tell me to comply or they will foreclose. I want to know what I can do to protect myself. I was thinking of doing a Yellowstone Injunction but am not sure of how that works and what I must do, and the benefits of it. My first concern is to understand the law on this matter, and second to understand what I can do regarding the bank who holds my mortgage, and what the Yellowstone Injunction is and how it may apply to my case. and any other legal right I may have to make sure they to do not prevail. As to the assessment(s) one of my arguments is "does the governing documents clearly authorize such, second I was never mailed notice of assessments by certified mail as stated by the proprietary lease for notice requirements, etc. THIS IS A RESIDENTIAL LEASE NOT COMMERCIAL AND I DO NOT LIVE ON PREMISES BUT SUBLET OUT. SECOND ...DOES RPAPL 753(4) OPERATE THE SAME OR AM I CORRECT IN MY UNDERSTANDING THAT NYC ALLOWS AN ADDITIONAL 10 DAYS TO CURE EVEN IF THE PETITIONER PREVAILS AFTER A DETERMINATION ON MERITS?

Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Attorney2 replied 1 year ago.

The attorney that was working with you opted out.

Customer: replied 1 year ago.

Whats happening... I am waiting for answer?

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