Legal Question in Real Estate Law in New York

what does it mean when a judge says that he cannot hear an eviction on a rent with option case, that it can only be heard in foreclosure.

Asked on 10/17/18, 10:57 am

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

I would have to speak with you more about your situation to give a proper answer.

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Answered on 10/17/18, 1:20 pm
Kevin Connolly Kevin J. Connolly

It means that the lease has elements of a land sale contract. The tenant has an equity of redemption in the property, like a mortgagor. Instead of a summary proceeding to recover possession, you need to bring a plenary supreme Court action to terminate the lease and foreclose the equity.

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Answered on 10/19/18, 2:41 pm

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