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Articles 601 - 630 of 13109
Full-Text Articles in Entire DC Network
Syed A.H. V. A.S.
All Decisions
The court granted a partial dismissal of the holdover petition, ruling that service of the predicate notice was defective for most respondents. While it denied the motion to dismiss for lack of subject matter jurisdiction, finding no per se family exception, it found that the notice was not properly served on five of the six respondents. The court also denied the motion to join the building owner, stating that the claim of an "illusory tenancy" was not viable as pleaded and that a succession claim was premature. The case will proceed to trial against the single remaining respondent who was …
New York City Housing Authority, Red Hook West Houses V. Mercado
New York City Housing Authority, Red Hook West Houses V. Mercado
All Decisions
The court granted a tenant's motion to vacate a final judgment and dismiss the non-payment petition without prejudice. The landlord, a housing authority, failed to use the mandatory Notice of Petition form prescribed by court rules, which resulted in a defective notice. The court found this was not a minor error but caused prejudice to the pro se tenant, as it omitted crucial information about available legal and financial resources. As a result, the final judgment and warrant of eviction were vacated, and the case was dismissed.
Zeydelis V. Yershov
All Decisions
A holdover petition was dismissed after the court granted the tenant's motion for summary judgment. The court found that the notice of petition was defective because it did not comply with the form mandated by 22 NYCRR 208.42(b) and Administrative Order 163/19. Citing precedent from other courts, the judge held that even minor technical defects can be grounds for dismissal. The court declined to rule on the tenant's separate argument regarding the landlord's acceptance of rent, as the defective notice of petition was sufficient grounds for dismissal.
Allerville Arms Owners Corp V. Gjelil
Allerville Arms Owners Corp V. Gjelil
All Decisions
The court denied the former tenant's motion to vacate a judgment for use and occupancy. The pro se tenant, a former superintendent, had a trial and lost, then moved out. After retaining counsel, he sought to "renew/reargue" the $3, 500/month U&O award. The court treated the motion as an untimely request to set aside a judgment under CPLR 4404(b). It found the tenant offered no "good cause" for his two-month delay and failed to provide sufficient evidence to challenge the U&O amount. The tenant's claims of poor conditions and improper termination were deemed to belong in a separate court.
Mcfarlane V. Hankins
All Decisions
The court granted a tenant's motion to reargue a prior decision but, upon reargument, adhered to its original ruling. The tenant had sought to dismiss a "no grounds" holdover petition, arguing that the landlord vitiated the termination notice by accepting CityFHEPS payments after the tenancy was supposedly ended. The court found this situation distinct from precedents, as the rent was paid automatically by a third party (the Department of Social Services) rather than the tenant himself. Because the tenant was unaware of the payments, the landlord's acceptance did not send a "contrary message" that would nullify the termination notice. The …
Haljamar Realty Corp. V. Mizrachi
Haljamar Realty Corp. V. Mizrachi
All Decisions
In this nonpayment case, the court awarded the tenants a substantial rent abatement of over $76, 000 for the landlord's breach of the warranty of habitability. The tenants successfully proved the existence of numerous conditions, including leaks, mold, and defective surfaces, using HPD violations and trial testimony. While the landlord was granted a final money judgment for the remaining arrears, the court significantly reduced the amount owed. The decision underscores the importance of a fact-based defense in abatement cases to meet the preponderance of the evidence standard.
Ncm Holdings Llc V. Caroll
All Decisions
After trial, Respondent's apartment was found to be rent stabilized as the landlord had provided insufficient evidence to determine that it was lawfully deregulated. No-grounds holdover petition dismissed.
Ncm Holdings Llc V. Carroll
All Decisions
The court dismissed the landlord's holdover petition, finding the apartment was not lawfully deregulated. The landlord failed to meet its burden of proving the Individual Apartment Improvements (IAIs) were sufficient to raise the rent above the deregulation threshold. The court noted that a tenant's challenge to an apartment's regulatory status is not subject to the four-year lookback period that applies to rent overcharge claims. As a result, the court found the tenant was rent-stabilized and dismissed the case, along with the tenant's counterclaims.
221 Irving Ave., Llc V. Yanez
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
221 Irving Ave., Llc V. Chulco
221 Irving Ave., Llc V. Chulco
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
221 Irving Ave., Llc V. Moposita
221 Irving Ave., Llc V. Moposita
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
Greene Ave. Rehabilitation 2012 Bsrc, Lp V. Bennett
Greene Ave. Rehabilitation 2012 Bsrc, Lp V. Bennett
All Decisions
The court dismissed the landlord's licensee holdover petition after the tenant filed a motion arguing a defective notice of petition. The court agreed, finding the petition failed to comply with court-mandated forms required by court rule 22 NYCRR § 208.42(b) and Administrative Order 163/19. While the court acknowledged the increasing technicalities for landlords, it sided with the tenant and dismissed the case without prejudice.
221 Irving Ave., Llc V. Quinapanta
221 Irving Ave., Llc V. Quinapanta
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
221 Irving Ave., Llc V. Chasi
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
Bsc Owner Llc V. Holley
All Decisions
The court granted the tenant's motion to dismiss a nonpayment case because the landlord could not produce a valid lease for the period in which the alleged arrears accrued. The landlord's argument that a "HUD Model Lease" provided for a perpetual lease was rejected by the court, which found that the rental amount changing from year to year made the lease indefinite on a material term. Consequently, with no lease in effect for the relevant time, the landlord could not maintain the nonpayment proceeding.
265 E. 66th Llc V. Silber
All Decisions
A landlord's motion to amend its non-payment petition was granted, and the tenant's motion to dismiss was denied. The court allowed the landlord to amend its pleading to remove claims for rent not included in the predicate rent demand. It also ruled that a minor misspelling of the landlord's name on the lease was a de minimus error that did not deprive the landlord of standing to bring the action.
Two Sixteen Associates Llc V. Rosa
Two Sixteen Associates Llc V. Rosa
All Decisions
Respondent-tenant Mia Valentine's motion to dismiss was granted and the Petition was dismissed as against "Jane Doe/Mia Valentine" for Petitioner's failure to name a necessary party in its pleadings. Specifically, Petitioner had extensive prior communication only with Ms. Valentine as the sole adult tenant of the apartment, as well as previously accepting ERAP payments made out in Ms. Valentine's name and still failing to name her as a party in the case. While Ms. Valentine was not on the lease (her mother Ms. Iris Rosa was the tenant-of-record despite never living in the apartment), the Court found that she was …
Matthew V. Hinds Jr.
All Decisions
The landlord filed a holdover proceeding against the tenant, who was a NYCHA Section 8 recipient. The tenant moved to dismiss the petition, arguing the landlord failed to comply with the heightened service requirements of the Williams consent decree. Specifically, where a landlord opts to serve the pleadings on NYCHA by mail, they must use overnight mail. The court agreed with the tenant, finding the landlord only used regular first-class and certified mail, which was insufficient. Additionally, the court granted the tenant's motion to dismiss because the petition's format did not comply with mandatory court rules and denied the landlord's …
Adlerberg V. Ngono
All Decisions
In a holdover proceeding where the landlord sought possession claiming the three-family premises was not subject to rent stabilization, the tenant moved for discovery. The tenant asserted a defense of de facto rent stabilization, alleging the building had been subdivided into six or more dwelling units. Applying the Farkas factors, the court found the tenant demonstrated ample need for discovery, as the information was directly related to a colorable defense and within the landlord's exclusive control. The court granted the tenant's motion, ordering the landlord to produce specific documents, and adjourned the case for a compliance conference.
2025-2026 Fordham Law School Faculty Bibliography, Fordham Law School
2025-2026 Fordham Law School Faculty Bibliography, Fordham Law School
Faculty Bibliography
Bibliography of Fordham Law School faculty publications in print from July 2025-June 2026.
Garcia V Hardy
All Decisions
In a no-grounds holdover, the tenant moved to dismiss for improper service of the petition and notice of petition. The court found that although the tenant's affidavit raised an issue regarding a lack of first-class mailing that could have warranted a hearing, she waived her personal jurisdiction defense by asserting an unrelated counterclaim for harassment. The court reasoned that since a harassment claim is not a defense to either a possessory or monetary judgment, it is unrelated to the landlord's claims. However, the court did order a hearing on the separate issue of whether the predicate notice of termination was …
253 Holdings Inc. V. Jones
All Decisions
The tenant's motion to amend the answer and dismiss the nonpayment proceeding was granted. The court found the landlord failed to comply with the Williams Consent Decree by omitting NYCHA's objection from pleadings and improper service. The tenant's breach of warranty of habitability counterclaim for an abatement was granted a hearing, while the order to correct counterclaim was held in abeyance. The proceeding was dismissed without prejudice due to the landlord's non-compliance, allowing the tenant to pursue her counterclaims.
Burrows V. 75-25 153rd St., Llc
Burrows V. 75-25 153rd St., Llc
All Decisions
The Appellate Division affirmed the denial of a landlord's motion to dismiss a putative class action for rent overcharges. The court permitted examination of rent history beyond the four-year lookback period due to allegations of improper use of preferential rents to inflate registered legal rents in a 421-a building. It also found the complaint adequately alleged that a rent concession was a disguised preferential rent, allowing this claim and declaratory relief to proceed to discovery.
62-60 99th St. Owner Ii, Llc V Bobchev
62-60 99th St. Owner Ii, Llc V Bobchev
All Decisions
In a non-payment proceeding, the court granted the tenant's motion for leave to amend her answer and for discovery. The court held that the landlord failed to prove prejudice or that the amendments were without merit, especially since the tenant was previously pro-se. The court granted discovery on the tenant's fraudulent deregulation and rent overcharge counterclaim, finding a "totality of the circumstances" indicating a fraudulent scheme. This conclusion was supported by a 140% rent increase from the last registered rent-stabilized tenant, a gap in registrations, an unexplained re-entry into rent stabilization, and a post-HSTPA rent increase of over 20%.
515 East 81st Llc V. Weston
All Decisions
The appellate court modified a lower court's rent abatement award. It affirmed a 100% abatement for periods the tenant vacated due to mold, as the landlord had unfettered access. However, for other periods, the court vacated abatements and remanded for a new trial. The trial court erred by precluding landlord's evidence of tenant's denial of access to repairmen, a crucial factor in breach of warranty of habitability claims. The underlying holdover petition was discontinued.
527 W. 48th St Llc V. Strotz
All Decisions
The Appellate Term reversed a Civil Court order, vacating a default final judgment against a tenant in a holdover proceeding. The court found the tenant demonstrated a reasonable excuse for default (out-of-town during conspicuous service) and a meritorious defense (illegal deregulation). Additionally, the petition was dismissed because the landlord failed to timely file proof of service at least 10 days before the petition's return date.
8787 Hillside Park Llc V. Sanchez
8787 Hillside Park Llc V. Sanchez
All Decisions
The court dismissed the landlord's holdover proceeding, finding the tenant established succession rights to the rent-stabilized apartment. The tenant credibly demonstrated co-residency with the former tenant for the statutory period and presented sufficient evidence to prove an emotional and financial commitment, fulfilling the Rent Stabilization Code's definition of a "family member." The landlord's attempts to rebut the tenant's primary residence claim were unsuccessful.
Cb Csh 2015 Llc V. Prescott
All Decisions
The court granted the tenant partial summary judgment based on res judicata, dismissing the landlord's claim for recouped ERAP funds for a period covered by a prior proceeding discontinued with prejudice. However, the court denied the tenant's laches defense, finding no demonstrated prejudice from the landlord's delay in seeking other accrued arrears. The court indicated the landlord might have remedies for the recouped ERAP funds by reopening the prior case.
57 Elmhurst Llc V. Terada
All Decisions
The court dismissed the landlord's holdover petition alleging illegal sublet, unauthorized alterations (partition), and failure to install carpeting. The illegal sublet claim was dismissed for lack of proof of vacation or financial arrangement. The alteration and carpeting claims were dismissed due to waiver, as prior and current landlords implicitly consented by failing to object despite clear visibility and opportunities over a long tenancy. The tenant's reasonable accommodation defense for carpeting was not established.
453 Cent. Park W. Tenant Assn. V. Park Front Apts., Llc
453 Cent. Park W. Tenant Assn. V. Park Front Apts., Llc
All Decisions
The court denied the landlord's motion for partial summary judgment seeking to dismiss fraud claims in a rent overcharge case. The landlord argued the four-year lookback period could only be pierced for fraudulent schemes to deregulate, not merely overcharge. The court, citing recent Court of Appeals and First Department precedent interpreting a 2024 legislative amendment, held that the fraud exception applies to any "fraudulent scheme to evade the protections of the rent stabilization law," irrespective of whether the unit was deregulated.