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Articles 31 - 60 of 12990
Full-Text Articles in Entire DC Network
Stella Blue Realty Llc V. Debrosse
Stella Blue Realty Llc V. Debrosse
All Decisions
In this nonpayment proceeding, the court declined to strike the tenant's reply papers after the landlord moved to dismiss the petition on only one day's notice. Exercising its discretion under CPLR 2214(b) and CPLR 406, the court allowed the reply papers, finding that limiting litigants to half-arguments would not serve the goal of a just, speedy, and inexpensive determination of proceedings under CPLR 104.
Xiao Hang Wang V. Diop
All Decisions
In this GCEL holdover proceeding, landlord claimed the small landlord exemption under RPL §214(1) and served a 90-day no-grounds termination notice (RPL §231-c). The petition alleged the apartment was not subject to rent control or stabilization. Tenant moved pursuant to CPLR 3211(a)(7) to dismiss for failure to state a cause of action, arguing landlord failed to incorporate the required small landlord ownership information into the GCEL notice accompanying the predicate notice. The court granted dismissal, holding that failure to include small landlord ownership information in the GCEL notice is a fatal defect and that the predicate notice is unamendable. Landlord's …
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).
Services For The Underserved-Mental Health Programs, Inc. V. Nettels
Services For The Underserved-Mental Health Programs, Inc. V. Nettels
All Decisions
In this holdover in a supportive housing unit alleging objectionable conduct, the court ordered the petitioner to comply with the respondent's demand for a verified bill of particulars. The court rejected the petitioner's argument that a list of the names of people allegedly impacted by the tenant's conduct is evidentiary material beyond the scope of a bill of particulars, applying an important distinction between mere witnesses and content that constitutes the petitioner's prima facie case. The court also held that a bill of particulars is an appropriate vehicle to obtain dates and times of alleged incidents of misconduct.
Grant V. Chevry
All Decisions
In this holdover proceeding involving a Section 8 subsidized tenant, the court dismissed the petition because landlord served expired Violence Against Women Act (VAWA) Notice of Occupancy Rights forms — forms that had expired in 2017 rather than the current HUD-approved forms effective through 2028. Under 24 C.F.R. §5.2005(a), landlords receiving federal funding must provide current VAWA notice with any notification terminating tenancy in covered housing. The VAWA requirements apply regardless of the theory of eviction, including an expired-lease holdover.
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.
Services For The Underserved-Mental Health Programs, Inc. V. Nettels
Services For The Underserved-Mental Health Programs, Inc. V. Nettels
All Decisions
In this nuisance holdover governed by the GCEL, the court partially granted tenant's motion to compel a more complete bill of particulars. Demands for the dates, times, and locations of alleged incidents of objectionable conduct are proper subjects for a bill of particulars. However, the court distinguished between requests for witness identities (evidentiary material not obtainable by bill of particulars) and requests for the identities of persons to whom the alleged objectionable conduct was directed, which constitute an element of landlord's prima facie case and are therefore subject to disclosure.
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.
Nt 415 3rd Ave Llc V. Gharibian
Nt 415 3rd Ave Llc V. Gharibian
All Decisions
In this non-primary residence holdover proceeding involving a rent-stabilized unit, landlord moved for discovery of records relevant to tenants' primary residence and succession claims. The court granted the motion in part, applying the presumption of liberal disclosure in housing court proceedings and finding that the requested discovery was relevant to the pending non-primary residence and succession issues.
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.
East 29 Buyers 123, Llc V. Philip
East 29 Buyers 123, Llc V. Philip
All Decisions
In this holdover proceeding, the petition was dismissed for lack of personal jurisdiction. Landlord resorted to conspicuous place service notwithstanding that it was undisputed — and known to landlord prior to commencement — that tenant lacked a key to her mailbox, rendering such service constitutionally deficient. Personal jurisdiction was not waived: tenant's attorney filed a notice of appearance before the second court appearance and moved to dismiss approximately one month thereafter, which the court found sufficiently expeditious to preserve the defense.
Plaza Gardens Real Estate Corp. V. Pitts
Plaza Gardens Real Estate Corp. V. Pitts
All Decisions
Landlord commenced a holdover proceeding seeking to recover the premises under the Good Cause Eviction Law (GCEL) on the ground of good faith withdrawal of the unit from the rental market under RPL §216(1)(i). The court dismissed the petition, holding that while GCEL provides withdrawal from the rental market as a ground for removal, a landlord invoking that ground must still satisfy the pleading requirements of RPAPL §741(4), and landlord failed to do so.
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.
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.
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.
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.
Gvs Props. Iii, Llc V. Cruz
All Decisions
In this illegal sublet holdover in a rent-stabilized apartment, the court granted the tenant's motion to dismiss the petition because the predicate notice to cure and the notice of termination were impermissibly vague and devoid of factual details. The court found that the allegations in the predicate notices did not identify with reasonable specificity the conduct complained of, the dates and times, the persons involved, or the circumstances giving rise to the allegations, leaving respondents to speculate as to the factual basis of petitioner's claims and depriving them of a meaningful opportunity to cure and prepare an adequate defense.
Gvs Properties Iii, Llc V. Cruz
Gvs Properties Iii, Llc V. Cruz
All Decisions
In this illegal-sublet holdover, the court dismissed the petition for defective predicate notice. The Notice to Cure alleged only that building personnel observed unidentified occupants entering and exiting the premises and that the named tenant was not regularly observed — conclusory allegations insufficient under the reasonableness standard of Oxford Towers Co. v Leites, 41 AD3d 144 (1st Dept 2007). The notices failed to provide specific factual allegations enabling tenant to frame a defense and therefore did not satisfy the requirements of reason and due process.
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.
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.
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.
Persaud V. Price
All Decisions
In this licensee holdover in an allegedly unregulated apartment, the court grants a pre-answer motion to dismiss the petition, which pleaded alternate theories of respondent's relationship to the premises—namely that respondent was a licensee or a tenant at will and/or sufferance. The court found that this demonstrated a lack of 'diligent effort to ascertain the nature of the occupants' possession,' which was 'unreasonable under the circumstances.'
336 Grand Concourse Llc V. Miranda
336 Grand Concourse Llc V. Miranda
All Decisions
In this nonpayment proceeding, tenant moved to amend her answer and to dismiss the petition on the grounds that the amount demanded had been paid in full. The court granted leave to amend the answer, finding the proposed amendments were neither patently meritless nor prejudicial. The court dismissed the petition, finding that the amount demanded had been paid even accounting for agency payment earmarking rules under RPAPL §731(4), leaving only post-petition arrears outstanding. Landlord's cross-motion to amend the petition to add post-petition arrears was denied as moot, as the proposed amendment sought rent already paid and bore no meaningful relation …
Kopfstein V. Hall
All Decisions
In this holdover proceeding, tenant raised de facto rent stabilization as a defense, citing HPD violations indicating the building contains more than six units and is therefore subject to the Rent Stabilization Law. The court held that HPD violations regarding occupancy constitute prima facie evidence of the existence of more than six units, and that landlord failed to contest this allegation. The holdover proceeding was dismissed. Tenant's request for an order to correct HPD violations was denied without prejudice to the commencement of an HP proceeding before the appropriate specialty part. Note: party first names are not legible in the …
Audubon Tp4 Llc V. Clement
All Decisions
Landlord commenced this nonpayment proceeding in 2022 demanding $58,759 for rent accrued as far back as 2015. The proceeding as to one co-respondent was discontinued by stipulation in March 2023. Tenant moved to amend her answer to add a defective rent demand defense and for summary judgment dismissal. Leave to amend the answer was granted. The court granted summary judgment dismissal, finding the rent demand fatally defective: it stated only a lump sum of $58,759 without specifying monthly amounts owed, and the annexed ledger—opening with a balance forward and containing adjustments from as far back as 2015—was so replete with …
Marcus Garvey Preservation Llc V. Chappelle
Marcus Garvey Preservation Llc V. Chappelle
All Decisions
In this nuisance holdover involving an allegedly problematic dog, the court grants the tenant's motion by Order to Show Cause and dismisses the petition for failure to state a cause of action because the landlord failed to serve the VAWA notice of occupancy rights—required by applicable HUD regulations—along with the predicate notice of termination. The court observes that 'while some irregularities in a predicate notice may be overlooked, the failure to append a federally required notice to the notice of termination is not a mere irregularity.'
Persaud V. Price
All Decisions
Landlord filed a holdover proceeding using alternative grounds: (1) former owners or licensees under RPAPL §713, with a 10-day notice to quit; and (2) tenants at will or by sufferance under RPAPL §228, with a 30-day termination notice. Both notices included a GCEL notice. The court dismissed the proceeding, holding that alternative pleading is prejudicial where it results in conflicting termination notices with different vacate dates, and that landlord made no effort to ascertain the true nature of tenants' possession prior to commencing the proceeding.
Ai El Realty Corp V. Maquilan
All Decisions
In this nonpayment proceeding, the court granted tenant's motion for an interim order to correct on landlord's default. There were 68 open HPD violations — 19 Class A, 26 Class B, and 23 Class C — in the apartment, plus 5 Class B common-area violations. Landlord failed to interpose any cognizable defense. Failure to gain access is not a defense to an order to correct, per D'Agostino v Forty-Three E. Equities Corp., 12 Misc 3d 486 (Civ Ct NY 2006). Corrections ordered within statutory time frames upon first access.
251 Cpw Housing, Llc V. Singer
251 Cpw Housing, Llc V. Singer
All Decisions
In this nonprimary residence holdover, the Appellate Term reverses the Housing Court order granting the tenant's motion for summary judgment and denying the landlord's discovery motion as moot. The court holds dismissal was premature, as there is a presumption in favor of discovery in nonprimary residence proceedings, and remands for the lower court to determine the scope of discovery.
Bellstell 140 East 56th Street Llc V. Ferreira
Bellstell 140 East 56th Street Llc V. Ferreira
All Decisions
In this holdover, the Appellate Term, First Department affirms the Housing Court's order granting discovery to the tenants on their harassment claims, but reverses the portions disqualifying Rose & Rose and allowing the tenants to depose petitioner's attorney. The attorney had allegedly called the grieving family hours after the tenant of record died and informed them they were not authorized to remain in the rent-stabilized unit.