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Articles 61 - 90 of 13084
Full-Text Articles in Entire DC Network
Jpmorgan Chase Bank, N.A. V. Smith
Jpmorgan Chase Bank, N.A. V. Smith
All Decisions
In this debt collection lawsuit, the defendant defaulted and moved to vacate the judgment and interpose an answer denying proper service. At the traverse hearing, the plaintiff's process server failed to testify credibly about service. Specifically, there was a dispute about whether the door she allegedly affixed the documents to was the door to defendant's apartment, and the description in her affidavit did not match the photograph defendant submitted into evidence. The process server also only attempted service when defendant was at work and failed to bring her logbook or any other paper or electronic records to support her testimony. …
New York City Housing Authority Grant Houses V. Martin
New York City Housing Authority Grant Houses V. Martin
All Decisions
NYCHA moved to dismiss a nonpayment petition on the ground that the rent demand was defective because it overlapped with rents previously adjudicated in a prior discontinued proceeding. The court granted the motion solely to the extent of dismissing the petition without prejudice, holding that a rent demand consisting of over 80% of arrears already resolved by stipulation of settlement is fatally defective as it fails to provide a good-faith approximation of the rent actually due.
Tuan Mai V. Sp 1143 Second Llc
Tuan Mai V. Sp 1143 Second Llc
All Decisions
Respondent wins summary judgment dismissing nearly all overcharge claims. Reargument denied—Burrows v 75-25 153rd St. did not require a different result since petitioner offered no evidence of fraud whatsoever. The 2012-2013 increase is explained by the Carbone renewal lease; the 2016 IAI is substantiated by contractor affidavits, design drawings, and photographs. One narrow factual dispute survives: whether the $1,032 cabinet-door component of the 2013 IAI was proper where the door count is disputed. Respondent awarded attorneys' fees as prevailing party on the central claims; parties to confer on damages amount.
West 147th Street Equities, Llc V. Castillo
West 147th Street Equities, Llc V. Castillo
All Decisions
In this holdover proceeding premised on non-renewal of Respondent's deregulated tenancy for repeated non-payment under the Good Cause Eviction Law, Respondent moved to consolidate with a related nonpayment proceeding and to conduct discovery on the apartment's rent regulatory status. The court granted discovery but denied consolidation, finding the apartments involved different regulatory statuses and that a DHCR rent history showing a large unexplained rent increase warranted discovery into potential improper deregulation.
D&R Realty Assoc. V. Lichtman
All Decisions
After trial, court finds tenants (defendants) not liable for breaking lease before term ended because landlord unreasonably rejected multiple proposed assignees under RPL § 226-b. Because tenants gave timely 30-day notice of intent to vacate, they were released from the lease by operation of law and not responsible for damages. Court enters money judgment in tenants' favor for return of security deposit.
Estate Of Alfons Melohn V. Salvaggio
Estate Of Alfons Melohn V. Salvaggio
All Decisions
In nonprimary residence holdover, court denied respondent's motion to dismiss (finding notice of nonrenewal sufficient despite pleading alternative addresses and omitting electrical usage data), struck respondent's traverse (unopposed), but declined to strike attorneys' fees counterclaim (holding RPAPL § 702 does not bar attorneys' fees in summary proceedings). Court limited discovery to two years but noted petitioner could seek expanded disclosure if it articulates need at deposition.
Woods V. Plunkett
All Decisions
Court dismissed licensee holdover petition because it failed to clearly allege facts regarding the creation and duration of respondent's license, the manner of service of the notice to quit (petitioner filed two contradictory affidavits of service and two materially different versions of the notice), and the regulatory status of the premises. Court noted petitioner did not move to amend.
2037 Hughes Avenue Llc V. Cosme
2037 Hughes Avenue Llc V. Cosme
All Decisions
Tenant defaulted in a nonpayment proceeding and moved to vacate the default judgment and warrant. The court granted the motion, finding a reasonable excuse for the default and potentially meritorious defenses, including failure to comply with the CARES Act's 30-day notice requirement for Section 8 voucher tenancies, improper rent demand, and breach of the warranty of habitability. The parties were restored to the status quo and tenant was permitted to interpose a late answer.
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.
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.
1770 Dean Inc V. Paul-Sommerville
1770 Dean Inc V. Paul-Sommerville
All Decisions
In this unregulated nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition for lack of a lease agreement. The court distinguished a prior Appellate Term holding, finding that the regulatory status of the unit made the prior decision inapplicable. The court also rejected the landlord's argument that RPL § 226-c's language about 'continuance of existing terms' creates an automatic lease renewal after expiration, holding that such an interpretation conflicts with RPL § 232-c and that payment of rent after a lease expires does not create an involuntary leasehold by statute.
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.
352-54 W. 48th St. Hous. Dev. Fund Corp. V. Tineo
352-54 W. 48th St. Hous. Dev. Fund Corp. V. Tineo
All Decisions
In this HDFC holdover for nonprimary residence and illegal sublet, court granted respondent's motion for spoliation sanctions under CPLR § 3126, finding petitioner's duty to preserve building security camera footage arose when the notice to cure was served in October 2015. Court declined drastic sanctions but precluded petitioner from introducing any testimony about the destroyed footage or any surviving footage (which had been selectively preserved), finding ordinary negligence sufficient to trigger spoliation sanctions.
Brooklyn Housing Preservation Lp V. Walls
Brooklyn Housing Preservation Lp V. Walls
All Decisions
In this licensee holdover proceeding involving a former NYCHA building converted via RAD/PACT, Respondent claimed succession rights as the granddaughter of the former tenant and filed a Remaining Family Member grievance, which was denied. The court stayed the proceeding pending an Article 78 challenge and set use and occupancy at $245 per month, the lower of the prior rent and Respondent's income-based rate, in accordance with NYCHA's Handbook.
Sternberger V. Tesoriero
All Decisions
In this holdover proceeding, Petitioner served Respondents with a 90-Day Notice of Termination. Respondents moved to dismiss on multiple grounds under CPLR § 3211. The court granted the motion to dismiss, finding, among other things, that the predicate notice was defective and could not be amended. The court noted that Petitioner's intermingling of funds negated her claim that rental payments were not negotiated.
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.
Decision In Art. 78 Proceeding - Quinones, Jose (2026-07-22)
Decision In Art. 78 Proceeding - Quinones, Jose (2026-07-22)
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.
Belmont Holding Llc V. Corporan
Belmont Holding Llc V. Corporan
All Decisions
In this nonpayment proceeding, Respondent moved to dismiss under CPLR § 3211 on the ground that the rent ledger included a lump sum of $4,665.28 in undated 'arrears,' rendering the termination notice defective. The court granted the motion, holding that inclusion of the lump sum without identifying the periods it covered was a non-amendable defect requiring dismissal.
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.
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.
Cucs West 127th Street Llc V. Walker
Cucs West 127th Street Llc V. Walker
All Decisions
Landlord commenced a nuisance holdover proceeding against a rent-stabilized tenant in a supportive housing building. Tenant moved to dismiss on the ground that the notice of petition used non-standard language substituting 'fair use and occupancy' for the prescribed money judgment language. The court granted the motion, holding the deviation from the mandatory form was not de minimis and rendered the notice of petition fatally defective and unamendable.
321-323-325 W. 42nd St. Llc V. Hong
321-323-325 W. 42nd St. Llc V. Hong
All Decisions
Court granted tenant's motion for leave to amend pro se answer under CPLR 3025(b) in this GCEL holdover premised on alleged nonpayment of rent. Court found landlord failed to show the proposed amended answer patently lacked merit, and that its general claim of prejudice due to the timing of the motion was insufficient.
Yun Hoe Wong V. Wong
All Decisions
In this holdover proceeding, tenant moved (motion sequence 3) to dismiss for failure to comply with the service requirements of RPAPL §735 under Saltzman v. Chernoff. The notice of petition and petition were dated December 31, 2025. The affidavit of service showed service was not made until January 30, 2026—ten days after the first court appearance on January 20, 2026. The court held that service made after the first court appearance violates RPAPL §735, which requires service to be made sufficiently in advance of the return date, and dismissed the petition without prejudice.
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.
Hill Plaza Enters. Ny Llc V. Terris
Hill Plaza Enters. Ny Llc V. Terris
All Decisions
Court granted tenant's motion for a discretionary stay of the proceeding pending appeal under CPLR 5519(c), allowing tenant to challenge a prior decision denying summary judgment on her rent overcharge and fraudulent deregulation counterclaims. Court found minimal prejudice to landlord because the underlying nonpayment petition had already been dismissed, while potential prejudice to tenant from proceeding without resolution of the appeal was manifest.
577 Vanderbilt Llc V. Hassell
All Decisions
Landlord commenced a nonpayment proceeding demanding the legal regulated rent. In 2018, landlord's predecessor-in-interest settled a prior nonpayment proceeding by two-attorney stipulation, granting tenant a preferential rent of $1,750 set to expire August 14, 2024. After HSTPA's enactment on June 14, 2019, RSL §26-511(c)(14) and RSC §2521.2(d) were amended to require that any tenant paying a preferential rent as of HSTPA's effective date be charged no more than that preferential rent for the lifetime of the tenancy. Tenant moved for summary judgment. The court granted the motion, holding that the 2018 stipulation's expiration date became unenforceable after HSTPA, that applying …