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Articles 541 - 570 of 13109
Full-Text Articles in Entire DC Network
63 St. Marks Place Llc V. Benedek
63 St. Marks Place Llc V. Benedek
All Decisions
The Appellate Term reversed a Civil Court judgment for the landlord in a holdover proceeding, remanding for a new trial. The Civil Court had erroneously applied a six-year look-back period to determine the apartment's rent-regulated status, which the tenant challenged. The Appellate Term ruled that a tenant may challenge an apartment's deregulated status at any time, and review of the full rent history beyond the six-year look-back period is permissible to determine if deregulation was lawful, especially regarding pre-HSTPA increases. The court sustained only the landlord's entitlement to an individual apartment improvement (IAI) increase.
Gemini Realty Llc V. Miller
All Decisions
The Appellate Term affirmed a possessory judgment for the landlord in a licensee holdover proceeding, finding the tenant was a licensee whose license was revoked. The court applied judicial estoppel, preventing the tenant from asserting a landlord-tenant relationship after successfully denying one in a prior proceeding. Tenant's defense of landlord's lack of standing was deemed waived for not being raised timely. The denial of the tenant's post-trial motion to vacate the judgment was also affirmed, as the tenant failed to provide evidence supporting any superior title or right to continued occupancy.
First Housing Company Inc. V. Tschiremu
First Housing Company Inc. V. Tschiremu
All Decisions
A landlord brought a non-payment proceeding against a tenant in a Mitchell-Lama cooperative. The tenant moved to dismiss the petition, asserting that the predicate rent demand was fatally defective because it included "no affidavit surcharges," which are penalties for non-compliance with income reporting, not rent. The court ruled that such surcharges do not constitute rent and cannot be included in a rent demand for a non-payment eviction. As these improperly included fees represented a significant portion (12.9%) of the total amount demanded, the court found the rent demand defective, failing to fairly apprise the tenant of the rent owed. The …
Regency Towers Llc V. Udis
All Decisions
In this non-payment proceeding, the court granted the tenant's post-judgment motions to vacate a default judgment, allow a late answer, and for summary judgment, thereby dismissing the case. The tenant, a 92-year-old suffering from dementia, had a guardian ad litem appointed. The court found that the landlord's property was subject to the CARES Act due to a federally backed mortgage. Consequently, the rent demand, a predicate notice for the proceeding, was required to provide 30 days' notice instead of the 14 days actually given. As a predicate notice cannot be amended, the proceeding was dismissed due to this jurisdictional defect.
Williamsburg Hous. Preserv. Lp V. Thompson
Williamsburg Hous. Preserv. Lp V. Thompson
All Decisions
In this holdover proceeding, the landlord sought possession of a RAD/PACT unit based on the tenant's alleged failure to provide access. The tenant moved to dismiss, arguing the landlord failed to serve the mandatory federal Violence Against Women Act (VAWA) notices with the predicate termination notice and petition. The landlord cross-moved to amend the affidavit of service but could not prove service of the VAWA notices with the termination notice. The court granted the tenant's motion, dismissing the petition without prejudice, holding that failure to serve the requisite VAWA notices mandates dismissal for covered housing providers.
815 West 180th Group Llc V. Vargas
815 West 180th Group Llc V. Vargas
All Decisions
In this licensee holdover; the court granted the tenant's motion to dismiss the petition; finding the landlord's predicate notice of termination fatally defective. The landlord had temporarily relocated the tenants to a different unit after a fire in their primary residence; alleging they were licensees whose license had expired and were not subject to Good Cause Eviction Law (GCEL) protections. The court found the landlord's pleadings; including the notice of termination and GCEL notice; inconsistent and incomprehensible. It held that these notices failed to accurately apprise the tenants of the fundamental nature and grounds of the proceeding; including their status …
Janel Towers Llc V. Aboagye
All Decisions
In this nonprimary residence holdover proceeding, the landlord moved to restore the case for immediate trial five years after it was marked off calendar for discovery. The court denied the motion, finding the landlord failed to demonstrate a reasonable excuse for the lengthy delay, a lack of prejudice to the tenant, or to address the merits of the underlying nonprimary residence claim. Citing Appellate Term precedent, the court emphasized that a motion to restore, filed more than one year after a case is stricken, requires proof of merit, lack of prejudice, lack of intent to abandon, and a reasonable excuse …
1064 Cauldwell Llc V. Montero
All Decisions
In this nonpayment proceeding, the tenant moved to dismiss the petition, arguing the landlord's predicate rent demand was defective for failing to credit earmarked Human Resources Administration (HRA) payments. The Civil Court, Bronx County, granted the tenant's motion, finding the rent demand did not provide an "approximate good faith sum" of rent due. The court held that the 17% overstatement of arrears was not a de minimis error. Consequently, the rent demand, a condition precedent to a nonpayment action, was deemed defective and non-amendable, leading to the dismissal of the proceeding without prejudice. The landlord's cross-motion to amend the petition …
1064 Cauldwell Llc V. Montero
All Decisions
The landlord commenced a nonpayment summary eviction proceeding. The tenant moved to dismiss, asserting the rent demand was defective for failing to credit earmarked HRA payments. The landlord cross-moved to amend the petition. The court granted the tenant's motion and dismissed the proceeding without prejudice, finding the rent demand defective. The omission of HRA payments, representing 17% of the alleged arrears, was deemed more than a de minimis miscalculation and failed to properly apprise the tenant of the amount due. The court denied the landlord's cross-motion to amend, holding that a defective predicate notice is not amendable.
Park City; Llc V. Rosado
All Decisions
In this licensee holdover proceeding; the landlord sought possession of a rent-stabilized apartment after the tenant of record died. The respondent; the deceased tenant's son; asserted succession rights. The court deemed the respondent's incarceration an excusable temporary absence; modifying the relevant co-occupancy window. Despite the absence of admissible documentary evidence; the court found the respondent and his witnesses; particularly disinterested parties; credible and consistent; establishing co-residency by a preponderance of the evidence. The landlord failed to rebut this showing; leading the court to dismiss the petition in favor of the tenant.
Oved V. Hasbani
All Decisions
In this holdover proceeding; the landlord sought possession of an unregulated unit under the Good Cause Eviction Law (GCEL); claiming the family-use exception. The tenant moved to dismiss for failure to state facts. The Civil Court of the City of New York granted the tenant's motion; dismissing the petition without prejudice. The court held that the landlord's petition; which only recited statutory language without identifying the specific family member or alleging unavailability of alternative housing; failed to satisfy RPAPL § 741(4)'s requirement to state material facts; thus depriving the tenant of adequate notice to frame a defense.
547 W. 147th St. Hdfc V. Henry
547 W. 147th St. Hdfc V. Henry
All Decisions
In this non-primary residence holdover proceeding; the court granted the tenant's motion for a protective order in part; striking most items in the landlord's notice to admit. The court ruled that CPLR 3123 precludes notices to admit from seeking admissions on ultimate facts central to the case; such as the tenant's primary residence; employment; or voting history in another state. Only admissions concerning the existence and genuineness of a lawsuit were deemed proper. The court also granted the tenant leave to amend their answer to add an affirmative defense challenging the landlord's authority to terminate the proprietary lease; finding it …
317 W. 89th St. Llc V. Bell
All Decisions
In this licensee holdover proceeding, the Appellate Term, First Department, affirmed a Civil Court order denying the landlord's motion to strike the tenant's jury demand. The court held that a jury trial is appropriate where the tenant's counterclaims for harassment and discrimination seek only money damages, making the relief sought legal, not equitable, in nature. The tenant's appeal concerning the striking of her affirmative defenses was deemed abandoned. This decision establishes that counterclaims for monetary damages in a holdover proceeding, even if tied to harassment or discrimination, warrant a jury trial.
Linder V. Lafayette Morrison Hdfc
Linder V. Lafayette Morrison Hdfc
All Decisions
The Appellate Term affirmed a lower court's decision granting summary judgment to the tenant in an illegal lockout proceeding. The tenant, son of a deceased rent-stabilized tenant, had been locked out after a prior holdover proceeding against his father and him was dismissed without prejudice to a licensee holdover. The court held that the tenant, having previously asserted succession rights and acknowledged occupancy, was either a lawful occupant or in constructive possession and could not be evicted without due legal process, reinforcing the principle that self-help evictions are impermissible.
First Ny Llc V. Marshall
All Decisions
The Appellate Term, First Department, reversed a Civil Court order, reinstating the landlord's holdover petition which sought possession for building demolition. The tenant asserted a waiver defense, arguing the landlord's acceptance of rent payments after serving a nonrenewal notice and during the "window period" vitiated the notice. The court held that the landlord's acceptance of rent, while the demolition application was pending with DHCR and undergoing judicial review, and in accordance with DHCR policy, did not evince an intent to waive the nonrenewal notice. The matter was remanded for further proceedings on the landlord's motion for summary judgment of possession.
Harlem Restoration Hdfc V. Brewer
Harlem Restoration Hdfc V. Brewer
All Decisions
In this nonpayment case, the court granted a tenant's motion for partial summary judgment on a harassment counterclaim. The judge found that the landlord's repeated failure to correct hazardous violations created a **rebuttable presumption of harassment** under NYC Admin. Code § 27-2004. Since the landlord failed to rebut this presumption, the court awarded the tenant **statutory damages** of $1,000, and imposed a civil penalty of $2,000 payable to HPD. The court also issued a Class "C" harassment violation against the landlord, but the case remains pending for a final determination on the remaining claims.
Decision In Art. 78 Proceeding - Copeland, Phillip (2024-09-06)
Decision In Art. 78 Proceeding - Copeland, Phillip (2024-09-06)
Decisions in Art. 78 Proceedings
No abstract provided.
3515 Eastchester Rd., Llc V. Soto
3515 Eastchester Rd., Llc V. Soto
All Decisions
A landlord commenced a "no grounds" holdover proceeding against a tenant. The landlord moved to amend its petition and the "Good Cause Eviction Law" (GCEL) notice, citing new grounds for eviction. The tenant cross-moved for summary judgment, arguing the GCEL notice was not attached to the predicate notice and was defective. The court granted the landlord's motion to amend the petition but denied amendment of the predicate GCEL notice, reaffirming that predicate termination notices are non-amendable. As compliance with GCEL notice provisions is a condition precedent, the court granted the tenant's cross-motion, dismissing the proceeding without prejudice due to the …
201 Linden Blvd Partners, Llc V. Samuel
201 Linden Blvd Partners, Llc V. Samuel
All Decisions
Court dismissed nonpayment petition because the rent demand failed to credit earmarked DSS/HRA shelter payments and sought rent in excess of the collectible legal regulated rent under a DHCR rent reduction order. Court rejected landlord's contention that the variance between actual arrears owed and the allegations in the rent demand was de minimis.
8 E. 102nd St. Llc V. Chapman
All Decisions
In a nonpayment case, the court denied the tenant's motion to compel discovery, finding it moot because the landlord had produced the requested water tests in its opposition papers. The court also denied the tenant's separate request for further discovery, citing a prior stipulation between the parties. That stipulation mandated that the tenant withdraw her discovery motion if the landlord made a specific representation about the lack of other water quality complaints, which the landlord did. The court held that the parties are bound by the plain language of their stipulation.
Long Development Corp. V. Perez
Long Development Corp. V. Perez
All Decisions
In a nonpayment case, a tenant successfully moved to hold the landlord in civil contempt for violating court-ordered stipulations. The stipulations required the landlord to correct a severe cockroach infestation by implementing **integrated pest management (IPM)** as required by NYC Housing Maintenance Code § 27-2017.8. The court found that the landlord's limited pest control methods—spraying and using traps—were insufficient and constituted disobedience of a clear and unequivocal court mandate. The judge ordered a hearing to determine the tenant's compensatory damages and directed the landlord to immediately begin proper IPM practices.
2244 Morris Realty Llc V. Kemavor
2244 Morris Realty Llc V. Kemavor
All Decisions
In this nonpayment proceeding, the court dismissed the landlord's petition without prejudice, granting the tenant's motion. The dismissal was predicated on the landlord having initiated a subsequent, duplicative nonpayment proceeding seeking rent. The court reasoned that the later-filed proceeding's rent demand should provide notice of all outstanding rent, rendering the initial proceeding superfluous. This decision prevents parallel litigation over the same or overlapping rent arrears, ensuring clarity for the tenant regarding the total amount demanded.
Vital Brookdale Llc V. Moore
All Decisions
In this holdover proceeding, the court denied the landlord's application for a default judgment and dismissed the petition. The landlord alleged the tenant failed to comply with income recertification procedures. The court found the petition improperly verified by an attorney lacking personal knowledge. Crucially, the court held that the lease provision, which allowed termination upon ten days' notice for non-compliance, constituted a condition, not a conditional limitation. Consequently, a summary holdover proceeding could not be maintained as a conditional limitation, providing for automatic lease expiration upon notice, was absent.
Wellington V. Lucien
All Decisions
A landlord's motion to amend a petition to correct a misdescription of the premises was denied, leading to the dismissal of the holdover case. The court found that the misdescription, a violation of RPAPL § 741(3), was a fatal jurisdictional defect that could not be corrected, even though the parties had previously stipulated to a final judgment of possession. The tenant's cross-motion for harassment was also denied without prejudice, with the court advising the tenant to seek relief in a separate HP action, as the prior two-attorney stipulation of settlement had not addressed the harassment claims. The ruling highlights that …
Meier V. 451 W. Owners Ltd.
All Decisions
In an HP proceeding, a landlord was held in civil contempt for failing to correct violations, leading to a $240,560 money judgment for civil penalties. The landlord moved to vacate the judgment and HPD's restraining notice. The court denied the motion to vacate the judgment, affirming its validity and rejecting arguments for its modification. However, the court did vacate the restraining notice, finding it **defective** for non-compliance with the notice requirements of **CPLR 5222**, but did so without prejudice. The ruling allows HPD to re-serve a proper notice to enforce the a valid judgment.
Mcmanus Realty Servs., Llc V. Ilabaca
Mcmanus Realty Servs., Llc V. Ilabaca
All Decisions
In a holdover proceeding alleging a tenant breached their lease by making unauthorized alterations, the court dismissed the case. The court found that the predicate notice to cure and notice of termination were defective as a matter of law because they failed to cite any specific lease provision that was allegedly breached. The court rejected the landlord's argument that such a provision "undoubtedly" existed, stating that the landlord-tenant relationship is created by a contract and the court cannot assume the existence of a term without the agreement itself.
Sologoub V. Wyble
All Decisions
In this nonpayment proceeding for a 3-unit building, the Civil Court of the City of New York granted the tenant's motion for a directed verdict, dismissing the petition. The landlord failed to establish a prima facie case by not providing a complete lease with rental amounts or a proper rent breakdown. Although the tenant testified to a $1,650 monthly rent, the rent demand sought $2,900, rendering it defective and non-amendable. The court also noted the landlord's violation of a discovery order to produce all necessary documents. The tenant's counterclaims were severed without prejudice.
19 W. 89th St. Llc V. Cornine
All Decisions
In this ejectment action, the court granted the landlord's motion for summary judgment, awarding $114,036.68 in use and occupancy and possession of the rent-stabilized apartment. The tenant's various defenses, including claims of a defective rent demand, issues with the landlord's corporate name, an invalid renewal lease, and breach of the warranty of habitability, were all rejected. The court found that the tenant owed rent arrears from February 2018. The tenant's cross-motion to amend the answer to add affirmative defenses and a counterclaim was denied as unmeritorious. The court emphasized that the landlord sought possession due to non-payment, not the tenant's …
Krcm Realty Co. Inc. V. Ahmad
All Decisions
The court granted the tenant's motion for contempt, finding both the landlord and its principal, Karan Singh, in civil contempt for their willful failure to comply with multiple court orders and stipulations to repair a severe rodent and cockroach infestation. The court awarded the tenant over $21,000 in compensatory damages, including a full rent abatement for 11 months and $5,000 for personal property destroyed by pests. The landlord was given 30 days to abate the nuisance, after which the court would impose a $100 daily fine as a rent credit. The court also warned that failure to comply would result …
Fellin V. Martinez
All Decisions
In this licensee holdover proceeding, the tenant moved to dismiss the petition, arguing it was defective for failing to state why the premises were exempt from the New York Good Cause Eviction Law (GCEL) and for not disclosing the number of units owned by the landlord and their addresses, as required by Real Property Law (RPL) § 214 and RPAPL § 741. The court granted the tenant's motion, dismissing the proceeding without prejudice, finding the landlord failed to comply with RPL § 214 by not providing the required ownership information for a "small landlord" GCEL exemption claim.