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Articles 31 - 60 of 8566
Full-Text Articles in Entire DC Network
Brownsville Associates V. Mcdermott
Brownsville Associates V. Mcdermott
All Decisions
Court denied landlord's motion to strike jury demand in licensee holdover proceeding following death of tenant of record, holding that respondents' counterclaim for repairs and an order to correct was incidental to the holdover proceeding and did not waive the right to a jury trial under CPLR 4101. Court directed payment of the statutory jury demand fee.
Armstrong V. Dumbo Lofts Rental, Llc
Armstrong V. Dumbo Lofts Rental, Llc
All Decisions
Appellate Division reversed Supreme Court's dismissal of tenants' claims that building owner engaged in a fraudulent scheme to deregulate J-51 apartments, holding under Burrows v 75-25 153rd St., LLC that tenants adequately pled a colorable claim of fraudulent deregulation even under the pre-2024 pleading standard. Court also reinstated claims for a rent freeze under RSL § 26-517(e) based on unreliable DHCR registrations, and declaratory relief, noting landlord had conceded the apartments are rent stabilized.
Brown V. Eighteen Properties Llc
Brown V. Eighteen Properties Llc
All Decisions
Court denied owner's motion to dismiss HP action brought by tenant in an interim multiple dwelling (IMD) subject to the Loft Law, rejecting arguments based on res judicata and collateral estoppel (prior Article 78 was dismissed on procedural, not substantive, grounds), primary jurisdiction of the Loft Board, and the inapplicability of the Housing Maintenance Code to IMDs. Court held Multiple Dwelling Law § 282-a(2) contemplates concurrent Housing Court jurisdiction over housing maintenance enforcement in IMDs.
Javaid V. 1129 59 Lofts Llc
All Decisions
Tenants displaced from their rent-stabilized apartment by fire were restored to possession after more than two years. Despite renting another apartment during displacement, the court found no surrender because no surrender agreement or payment ever materialized. The court held that failure to file a rent reduction order when the unit became uninhabitable does not constitute abandonment of the tenancy. The court declined to weigh the equities in favor of third-party tenants currently in the apartment, one of whom never appeared and the other failed to present testimony justifying why they should not vacate.
452 City Island Llc V. Avila
All Decisions
In this nonpayment proceeding, Respondent moved to dismiss on the ground that the building was occupied in violation of the Multiple Dwelling Law because an illegal basement apartment had been created without a permit, and two DOB violations issued in 2009 remained open. The court granted the motion, holding that where a building has been altered so that the I-card is no longer accurate, MDL § 302's rent-collection bar is automatically triggered and the landlord's discontinuation of the illegal occupancy is insufficient to cure the violation.
Sammy Group Llc V. Collins
All Decisions
After trial on the tenant's counterclaims of breach of warranty of habitability, harassment, and rent overcharge, the court entered judgment for the tenant on all three. The subject apartment was found to be an unlawful combination of predecessor apartments whose legal rent was never registered with DHCR, requiring application of the default formula under RSC § 2522.6(b)(3) to calculate overcharge damages. The court awarded a rent abatement, civil penalties for harassment, and entered an order enjoining the landlord from further harassing the tenant.
Decision In Art. 78 Proceeding - Chrysler, Gregory (2026-06-30)
Decision In Art. 78 Proceeding - Chrysler, Gregory (2026-06-30)
Decisions in Art. 78 Proceedings
No abstract provided.
Derra V. 1155 E. 165th Llc
All Decisions
Court granted tenant-petitioner's motion for civil contempt under Judiciary Law § 753(A)(3) and Civil Court Act § 110(e), finding landlord failed to comply with an order to correct HPD violations including a pervasive pest infestation affecting the kitchen, and leaks and mold that caused the bathroom ceiling to collapse. Court entered money judgments for out-of-pocket expenses, a 25% rent abatement for the affected period, and awarded attorney's fees.
West 144 Cluster Llc V. Ramkissoon
West 144 Cluster Llc V. Ramkissoon
All Decisions
In this licensee holdover proceeding, Respondent Aaron Dancy claimed succession rights as the nephew of the former tenant and moved for summary judgment. The court granted dismissal, finding that Petitioner's failure to disclose the subject premises' regulatory status under LIHTC, the 420-c Tax Incentive, the J-51 Tax Incentive, and a regulatory agreement prejudiced Respondent by depriving him of information material to his succession claim.
Administrative Appeal Decision - Genyard, Jasper (2026-06-30)
Administrative Appeal Decision - Genyard, Jasper (2026-06-30)
Parole Administrative Appeal Decisions
No abstract provided.
Concern Pitkin, Llc V. Crosland
Concern Pitkin, Llc V. Crosland
All Decisions
In this nuisance holdover in a project-based Section 8 apartment, the court dismissed the petition because the landlord served an outdated VAWA notice form. The court held that service of an outdated form is a dismissible defect regardless of whether the respondent claims to be affected by domestic violence. The proper VAWA notice must be served in all applicable cases.
Hope Gardens I Llc V. Marin
All Decisions
Court dismissed nonpayment petition because landlord failed to comply with the Williams Second Consent Decree, which requires that both the predicate notice of termination and the notice of petition and petition be served on NYCHA Section 8. Court also denied landlord's motion to vacate its own notice of discontinuance.
Fifty Nine Realty Llc V. Gottesman
Fifty Nine Realty Llc V. Gottesman
All Decisions
The court dismissed this nonpayment petition because the landlord LLC failed to comply with the publication requirements of Limited Liability Company Law § 206 at the time the proceeding was commenced. The landlord had published notice of its articles of organization for only 5 consecutive weeks rather than the 6 required by statute. The court rejected the landlord's argument that this noncompliance is curable nunc pro tunc, relying on controlling Appellate Division authority.
Point 2440 Realty Llc V. Garcia
Point 2440 Realty Llc V. Garcia
All Decisions
In this nonpayment proceeding, Respondent moved to dismiss on the ground that the building was occupied in violation of Multiple Dwelling Law § 301 due to HPD violations and a DOB partial vacate order for illegal conversion of the basement. The court granted the motion, finding the building substantially deviated from its certificate of occupancy and that under GVS Properties v. Vargas, the landlord is barred from collecting rent for the entire building.
Vima Group Inc. V. Zhang
All Decisions
Court granted landlord's motion to amend petition to allege the small landlord exemption from GCEL and granted DHCR's motion to quash landlord's subpoena, but granted tenant's summary judgment motion and dismissed the petition because the apartment is presumptively rent stabilized under ETPA as it is in a building built before January 1, 1974 containing at least six residential units, and landlord failed to properly plead a recognized exemption from rent stabilization or a ground for eviction under the Rent Stabilization Code.
Decision In Art. 78 Proceeding - Villa, Ricardo (2021-11-10)
Decision In Art. 78 Proceeding - Villa, Ricardo (2021-11-10)
Decisions in Art. 78 Proceedings
No abstract provided.
Catholic Kolping Society New York V. Mugan
Catholic Kolping Society New York V. Mugan
All Decisions
In this lease-expiration holdover, the court dismissed the petition upon finding a manifest discrepancy between the theory of rent-regulation exemption alleged in the petition — RSC §2520.11(f) (charitable/educational institution, institutional affiliation) — and the RPL §231-c GCEL notice served with the predicate notice, which claimed a different exemption based on income-restricted housing. Because the two instruments were irreconcilable as to the basis for GCEL exemption, dismissal was required. Landlord's cross-motion to amend was denied for failure to annex a proposed amended petition as required by CPLR §3025(b).
West Side Marquis Llc V. Sheppard
West Side Marquis Llc V. Sheppard
All Decisions
The Appellate Division, First Department reversed and granted summary judgment to a rent-stabilized successor tenant. Under the HSTPA, a landlord may not withdraw a previously offered preferential rent in a renewal lease. Tenant was entitled to a renewal lease at the preferential rent paid by the predecessor tenant of record. A 2006 DHCR settlement and rent order did not constitute increases 'authorized by law' under RSL §26-511(c)(14), and the DHCR order had no preclusive effect against tenant, who had not been a party to the prior proceeding and had not had a full and fair opportunity to litigate.
Decision In Art. 78 Proceeding - Rivera, Samuel (2026-06-05)
Decision In Art. 78 Proceeding - Rivera, Samuel (2026-06-05)
Decisions in Art. 78 Proceedings
No abstract provided.
Edgecombe Realty, Llc V. Cano
All Decisions
In this nonpayment proceeding in a rent-stabilized unit, tenants moved for leave to amend their answer to add a rent overcharge counterclaim and defense, and for discovery of the rent history. The court granted the motion, holding that irregularities in the rent history are sufficient to warrant discovery and that proof of fraud is not required to obtain discovery of rent records in a rent overcharge defense.
Department Of Housing Preservation And Development V. 2500 Bedford Llc
Department Of Housing Preservation And Development V. 2500 Bedford Llc
All Decisions
In this HPD-initiated HP action, the court denied the landlord's motion to dismiss the petition as duplicative of a separate tenant-initiated HP action. The court found that the prior tenant-initiated proceeding, which had been settled, does not preclude HPD from commencing a new action when new code violations arise. The court also noted it would not award duplicative civil penalties for the same underlying condition.
Perez V. Meisner
All Decisions
In this HP proceeding, a default order and money judgment had been entered against Respondent-owners before they appeared by counsel. The court vacated the default judgment, finding Respondent-owners presented a reasonable excuse for their non-appearance and a meritorious defense. The court reaffirmed the April 2025 order to correct and allowed Respondent-owners to file a late answer.
Condos V. Herrera
All Decisions
After trial in this GCEL no-grounds/nonrenewal holdover, the court denied the landlord's post-trial motion to conform the pleadings to proof to claim the small landlord exemption under RPL § 214(1) and dismissed the petition. Although the evidence at trial's end tended to show the landlord owned fewer than 10 units, the court declined to overlook the landlord's lack of candor and inconsistent representations throughout the proceeding regarding her ownership interests in New York State residential units.
Zhen Yue Lin V. Veras
All Decisions
In this no-grounds/non-renewal holdover, the court grants the tenant's motion to dismiss because the Notice of Petition is defective, containing confusing and contradictory language including instructions appropriate for a nonpayment proceeding rather than a holdover. The court finds the notice did not comply with the spirit and intent of the form prescribed by 22 NYCRR § 208.42(b) and Administrative Order 163/19.
Yan's Realty Inc. V. Guo
All Decisions
In this no-grounds/non-renewal holdover involving an allegedly unregulated apartment, the court denies the tenant's motion for summary judgment but grants discovery on the landlord's claim of the small landlord exemption to the Good Cause Eviction Law. Public records suggest the landlord may be connected to a different corporate entity owning additional units in New York state.
Lawyers' Manual For Appealing Parole Denials: Administrative Appeals And Article 78 Petitions, Parole Preparation Project
Lawyers' Manual For Appealing Parole Denials: Administrative Appeals And Article 78 Petitions, Parole Preparation Project
All Categories
No abstract provided.
Ppc Residential V. Johnson
All Decisions
In this nonpayment proceeding decided after trial, the court granted a 100% abatement for a seven-month period during which the tenant was unable to occupy the apartment due to a roof repair and was relocated to a temporary unit in the building. The landlord offered no evidence of an agreement requiring the tenant to pay rent in the temporary apartment.
53 E 177 Llc V. Martinez Perez
53 E 177 Llc V. Martinez Perez
All Decisions
Petitioner sought to amend the notice of petition and petition to correct an inaccurate apartment designation (4B-A vs. 4B). The court denied the cross-motion to amend, holding that the defective predicate notice cannot be amended and that amendment would not cure the affidavits of service, which stated service was made at apartment 4B-A rather than apartment 4B.
Broadway Gardens Llc V. Thomas
Broadway Gardens Llc V. Thomas
All Decisions
In this nonpayment proceeding, the court grants the tenant's motion for discovery where the tenant claims the premises is de facto rent stabilized and the landlord claims a substantial rehabilitation exemption from a commercial-to-residential conversion. The key question is whether the building was fully commercial or partially residential before renovations, which requires discovery to determine.
Jackson V. Meausa
All Decisions
In this no-grounds/non-renewal holdover, the court dismisses the petition for improper service of the predicate notice, which was served by mail only. The landlord's attorney then filed a frivolous sanctions motion against tenant's counsel, which backfired: the court granted the tenant's cross-motion for sanctions and ordered the landlord's attorney to complete four additional ethics CLE courses.