Preview:

[*1]


Decided on September 29, 2008
Nassau Dist Ct

SP 6725/07
REPRESENTATION:
Ialenti & Macari, LLP, Attorneys for Petitioner, 170 Old Country Road, Mineola, New York 11501, 516-248-2400; Salvatore R. Bonagura, Esq., Attorney for Respondents, 122 Plainfield Avenue, P.O. Box 444, Floral Park, New York 11022, 516-437-6100.
Scott Fairgrieve, J.
TRIAL DECISION
This nonpayment summary proceeding began with the filing of the Notice of Petition and Petition on December 17, 2007, in which Petitioner, Surinder Kaur, sought $6,900 in unpaid rent for the months of October 2007 through December 2007 from Respondents, Carmine Guida, Patricia Nicolosi, Joseph Nicolosi and Salvatore Nicolosi. At trial, the parties stipulated that the last rent paid was for September 2007, and that rent owed on behalf of the Respondent is from October 2007 through July 2007, totaling ten months rent at $23,000.
The Respondents Carmine Guida and Patricia Nicolosi stipulated on the record that they were liable for the $23,000 of back rent. However, the liability of the Respondents Joseph Nicolosi and Salvatore Nicolosi was not stipulated to, but was dependent upon proof of liability for same to be established by Petitioner at trial. The parties agree that no written lease was ever executed between the parties.
The Respondents answered the petition with a counterclaim for $44,030. The Respondents assert that the Petitioner is being unjustly enriched. The Respondents allege that when they were looking for a house to rent, the Petitioner's husband told them that if they rented the premises located at 78 New Hyde Park Road, Franklin Square, New York for four years they would then have an option to purchase the home for $480,000. According to the Respondents, the option to purchase the home was the main reason they rented the house. In Patricia Nicolosi's own words "it was the prime element." To make the house livable for the Respondents, they claim to have made $32,530 worth of improvements. These improvements were necessary for Patricia Nicolosi to use and occupy the home due to an injury to her spine, which makes her wheelchair dependent. [*2]
The Respondents had the following improvements made at the premises: new kitchen floor; landscaping of the backyard; new white PVC fencing around the house; rebuilding of the front stoop with bricks; new downstairs bathroom; and a laundry room off the kitchen.
Respondent Patricia Nicolosi testified that the renovations were done to the house for the months of February through June of 2007 and a total of $11,500 was paid in rent to Petitioner during this period. The premises were not liveable while the house was under construction. The Respondents finally moved in on July 10, 2006.
In addition, Patricia Nicolosi testified that they paid Mr. Singh or contractors "around $32,000" for the construction. However, no breakdown of the expenses was provided, nor proof of payment.
Respondents requested the lease from both Mr. Singh and Mr. Kaur, but never received a four year lease with the option to buy the house at $480,000. Finally, on Easter Sunday in 2007, Respondents met with Mr. Singh and Mr. Kaur at the rental property concerning the lease. According to Patricia Nicolosi, the following conversation took place:
A.Easter Sunday of 2007, I believe it was, I was at the dining room table with Carmine. Ms. Kaur was there and Mr. Singh was there, and Mr. Singh had given me this lease and I told him don't worry, I will fill it out, I happened to be a paralegal. I filled it out. They came Easter Sunday to supposedly sign the lease. . . Naturally, I put in the amenities that we had put in and I also put in a paragraph where it was agreed between the landlord and tenant the house premises was an option to buy at the price of $480,000. Mr. Singh objected to that. He said that should not be in the lease. And, Carmine said to Mr. Singh, Mr. Singh you promised me that you would give the lease with the option to buy at the price of $480,000 and a four-year lease and Mr. Singh turned to Carmine and said, Yes, that's what I said but it's your word against mine.
Carmine Guida also provided the following testimony which outlines the needs of the Respondents to obtain a four year lease with an option to buy at $480,000:
Q.Was there talk about specific, about the concept we are here for, was there talk about a four

Download 2008_51952.pdf

New York Law