Atlantic Adult Day Care Ctr., Inc. v Temple Beth El of Manhattan Beach

Holding The Appellate Division granted summary judgment to the defendant on its counterclaim for ejectment and dismissed the plaintiffs’ claims for injunctive relief, specific enforcement, breach of the implied covenant, and declaratory relief. The court determined that the defendant validly terminated the lease due to the plaintiffs’ failure to pay rent, rendering the plaintiffs’ remaining claims duplicative or unnecessary.

The court’s words

To demonstrate entitlement to judgment on a cause of action for ejectment, [the party seeking ejectment] must establish (1) it is the owner of an estate in tangible real property, (2) with a present or immediate right to possession thereof, and (3) the [party to be ejected] is in present possession of the estate

2026 NY Slip Op 06406, at the official text

A lessee in possession who does not deny the tenancy or the validity of the lease cannot question the lessor's title in the latter's action to recover the premises, so that, in such an action, the lessor is not required to prove title

2026 NY Slip Op 06406, at the official text

Contrary to the plaintiffs' contentions, both the notice of termination and paragraph 43(D) of the lease agreement, which was one of the referenced grounds for termination, were unambiguous

2026 NY Slip Op 06406, at the official text

The Supreme Court should have granted those branches of the defendant's motion which were for summary judgment dismissing the first cause of action, seeking injunctive relief pursuant to CPLR 6301

2026 NY Slip Op 06406, at the official text

The Supreme Court also should have granted those branches of the defendant's motion which were for summary judgment dismissing the fourth cause of action, alleging breach of the implied covenant of good faith and fair dealing, as that cause of action was duplicative of the breach of contract cause of action

2026 NY Slip Op 06406, at the official text