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RPAPL § 853 Commercial Lease "Having thus substantiated that the value of its discarded records and personal property is $145,695.20 and that these records and

by phonon 10y ago

RPAPL § 853 Commercial Lease "Having thus substantiated that the value of its discarded records and personal property is $145,695.20 and that these records and property were discarded pursuant to a wrongful eviction as established by the complaint and, moreover, admitted by defendants according to the uncontroverted proof, plaintiff is entitled to recover treble damages of $437,085.60 under RPAPL § 853." http://law.justia.com/cases/federal/district-courts/FSupp/943/328/2376045/ http://law.justia.com/cases/federal/district-courts/FSupp/94... I was wrong about NYCAC § 26-521 - 529, that's only for dwellings.

phonon 10y ago
Even if the courts determine it's a license, and not a lease (I don't think WeWork has been tested yet), RPAPL § 853 applies, and now RPAPL § 713 (7) would as well. (10 days notice) https://commercialobserver.com/2013/11/the-dirt-dictionary-l-is-for-lease-or-maybe-its-a-license/ https://commercialobserver.com/2013/11/the-dirt-dictionary-l... Note WeWork usually gives you a designated, numbered, suite, which might confirm that it's a lease. In the above-- "One last “don’t” for a licensor looking to remain one in the eyes of the law: don’t designate a particular space for licensee’s exclusive use. "