Good Samaritan Hospital Medical Center v. Periconi

Landlord Good Samaritan Hospital Medical Center brought this summary holdover proceeding to recover possession of a commercial office suite from the tenant, a medical doctor, as well as rent arrears. The tenant interposed various defenses and counterclaims, including that he had been told by an agent of the landlord that he would be permitted to remain in possession until his retirement. Following a non-jury trial, the court requested that the parties contact chambers on the following day to arrange a schedule for the submission of memoranda of law. When the parties failed to contact chambers, the court rendered a decision, finding that there was a month-to-month tenancy by virtue of the tenants holding over after the termination of a prior lease with a previous landlord and the hospitals acceptance of monthly rent, that the landlord hospital had proved the allegations of the holdover petition by a fair preponderance of the credible evidence, that the notice of termination was enforceable, and that the tenant was in arrears. Moreover, it found that the tenant had failed to show any merit to his defenses, and did not prove his counterclaims. Accordingly, the landlord was granted a final judgment of possession and a money judgment in the amount of $9,239.48, plus costs and disbursements. We note that the courts findings were amply supported by the record.