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Articles 961 - 990 of 13109
Full-Text Articles in Entire DC Network
120e62 Realty Llc. V. Doe
All Decisions
Landlord made a post-discontinuance motion to change name on money judgment from Jane Doe to Respondent's legal name. Motion denied on the basis that the prior discontinuance of the case deprived the court of jurisdiction.
1719 Gates Llc V. Torres
All Decisions
The landlord initiated a holdover proceeding against the tenant seeking to recover the premises based on the expiration and non-renewal of the tenant's lease. The landlord argued that the tenant owed rent arrears and that this constituted a "good cause" for eviction under the Good Cause Eviction Law (GCEL). However, the court dismissed the petition, finding that GCEL does not allow a holdover based solely on a tenant owing rent arrears and that the landlord's legal remedy is to commence a nonpayment proceeding. The court emphasized that the legislature intended to impose additional conditions to evict tenants covered by GCEL …
Matter Of Mantilla V. New York City Dept. Of Hous. Preserv. & Dev.
Matter Of Mantilla V. New York City Dept. Of Hous. Preserv. & Dev.
All Decisions
The landlord challenged the tenant's succession rights to a Mitchell-Lama apartment. The tenant argued that he resided with his brother in the apartment for at least one year prior to the brother's death. The court found that the tenant failed to provide sufficient documentation to establish primary residency. The court upheld the landlord's denial of the succession rights application.
Four Thirty Realty Llc V. Kamal
Four Thirty Realty Llc V. Kamal
All Decisions
The tenant appealed the denial of her motion to amend the answer in a nonpayment summary proceeding. The tenant sought to include a set-off and counterclaim based on violations issued by the Department of Buildings. The appellate court reversed the lower court's decision, granting the tenant's motion and deeming the proposed amended answer served and filed. The court found that the landlord failed to show surprise or prejudice and that the proposed amendment was not palpably insufficient or patently devoid of merit.
Bronx 1134 W. Farm Rd. Lp V. Arriaga
Bronx 1134 W. Farm Rd. Lp V. Arriaga
All Decisions
The tenant in a rent-stabilized apartment sought to amend their answer to raise warrant of habitability and overcharge defenses. The landlord opposed the overcharge defense. The court granted the tenant's motion to amend to include the warrant of habitability defense but denied the motion to include the overcharge defense. The court found that the tenant failed to adequately plead the existence of a fraudulent scheme to deregulate the apartment.
1267 Rogers Ave. Llc V. Morgan
1267 Rogers Ave. Llc V. Morgan
All Decisions
In this nonpayment proceeding, the landlord's motion to reargue a prior decision granting summary judgment in favor of the tenant and dismissing the case was denied. The court found that the landlord failed to comply with the Rent Stabilization Code by not registering the latest rent with the DHCR, thus preventing the landlord from collecting rent until the issue was remedied. The landlord's arguments were rejected, and the tenant's counterclaims remained viable.
Lindsay Partners Llc V. Young
All Decisions
The tenant sought to amend their pro se answer to assert a personal jurisdiction defense. The court granted the motion to amend but disallowed the personal jurisdiction defense, finding it was not properly raised. The court ruled that filing a notice of appearance does not necessarily waive personal jurisdiction defenses if an appropriate answer or motion is filed promptly. However, the tenant's affidavit was deemed insufficiently detailed to overcome the presumption of proper service established by the landlord's process server's affidavit.
Matter Of P & I Prop., Llc V. Commissioner, State Of N.Y., Div. Of Hous. & Community Renewal (Dhcr)
Matter Of P & I Prop., Llc V. Commissioner, State Of N.Y., Div. Of Hous. & Community Renewal (Dhcr)
All Decisions
The landlord sought review of an $8,000 DHCR penalty for failure to repair a rent-stabilized apartment as directed. Despite the landlord's claim that the tenant refused access for repairs, the DHCR found the refusal not improper. The court ruled the penalty was neither disproportionate nor shocking, and it represented the minimum allowed under Rent Stabilization Code § 2526.2(c)(1). The landlord's petition was denied, and the case dismissed.
Bayard Group Inc. V. Wei Ting Huang
Bayard Group Inc. V. Wei Ting Huang
All Decisions
The landlord filed an action to collect unpaid rent from two alleged tenants of a rent-stabilized apartment. The court denied the landlord's motion for default judgment and dismissed claims against one defendant who had died before the case was filed. For the other defendant, the court found the landlord failed to establish she was a tenant or owed rent. The landlord was given 30 days to provide proper documentation or the entire case would be dismissed, significantly hindering the landlord's ability to collect the claimed rent.
Big Apple Corp. V. Merin
All Decisions
The landlord initiated a nonpayment proceeding against the tenant seeking a money judgment of $30,172.34 and possession of the subject premises. The tenant interposed an answer with a defense and counterclaim of breach of the warranty of habitability. After a trial, the court awarded varying abatements for conditions and reduced tenant's liability to $3,324.82 in rent arrears and awarded judgment to the landlord for eviction once the arrears are paid according to the deadline. The court also ordered the landlord to correct outstanding HPD violations within specified timeframes. The court's decision is noteworthy because it describes standards of evidence.
Hull Unique Equities Llc V. Boone
Hull Unique Equities Llc V. Boone
All Decisions
The landlord, Hull Unique Equities LLC, initiated a holdover proceeding against the tenant, Tyiesha Boone, seeking to recover the premises located at 2350 Pacific Street, Apt 3, Brooklyn, NY 11233. The tenant responded by moving to dismiss the case on the grounds that the landlord had failed to comply with New York's Limited Liability Company Law §206(a) by not publishing its articles of organization within 120 days of its formation. The court granted the tenant's motion, dismissing the case without prejudice and finding that the landlord's failure to comply with the LLC Law was a fatal defect that could not …
245 E. 25th Realty Corp. V. Leone
245 E. 25th Realty Corp. V. Leone
All Decisions
The landlord sought a preliminary injunction to compel the tenant to allow access to the apartment for shower repairs. The tenant opposed the motion, arguing that the shower had been repaired multiple times and that the landlord had failed to demonstrate a clear right to mandatory injunctive relief. The court denied the landlord's motion, finding that the landlord had not met its burden of proof and that the tenants were willing to cooperate with further repairs. The court ordered the parties to hire a plumber to inspect the shower and report back to the court.
178 E. 70th St. Llc V. Woodward
178 E. 70th St. Llc V. Woodward
All Decisions
In this non-primary residence holdover case, the landlord sought to evict the tenant of record. The tenant's son asserted succession rights and ultimately prevailed after a 14-year legal battle. The court dismissed the eviction proceeding, recognizing the son's right to succeed to the tenancy. Subsequently, the son sought attorney's fees as the prevailing party. The court awarded $53,145 in attorney's fees and costs, including fees for the son's pro se work at a paralegal rate. This decision notably allows for attorney's fees to be awarded to a successful pro se litigant in a housing court case.
Administrative Appeal Decision - Knapp, Albert (2022-09-29)
Administrative Appeal Decision - Knapp, Albert (2022-09-29)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Ruela, Jose (2022-09-29)
Administrative Appeal Decision - Ruela, Jose (2022-09-29)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Santiago, Felix (2023-03-14)
Administrative Appeal Decision - Santiago, Felix (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Foley, James (2023-03-14)
Administrative Appeal Decision - Foley, James (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Desarno, Salvatore (2023-03-14)
Administrative Appeal Decision - Desarno, Salvatore (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Ruckdeschel, Edward (2023-03-14)
Administrative Appeal Decision - Ruckdeschel, Edward (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Dansa, Timothy (2023-03-14)
Administrative Appeal Decision - Dansa, Timothy (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Vega, William (2023-03-14)
Administrative Appeal Decision - Vega, William (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Leal, Miguel (2023-03-14)
Administrative Appeal Decision - Leal, Miguel (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Mcgregor, Terry (2022-09-29)
Administrative Appeal Decision - Mcgregor, Terry (2022-09-29)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Baldwin, Jonathan (2022-03-30)
Administrative Appeal Decision - Baldwin, Jonathan (2022-03-30)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Mccormick, Sean (2023-03-14)
Administrative Appeal Decision - Mccormick, Sean (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Clement, Olanta (2023-03-14)
Administrative Appeal Decision - Clement, Olanta (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Belliard, Seth (2023-03-14)
Administrative Appeal Decision - Belliard, Seth (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Elliott, William (2023-03-14)
Administrative Appeal Decision - Elliott, William (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Owens, Kendell (2023-03-14)
Administrative Appeal Decision - Owens, Kendell (2023-03-14)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Paciullo, Michael (2022-09-29)
Administrative Appeal Decision - Paciullo, Michael (2022-09-29)
Parole Administrative Appeal Decisions
No abstract provided.