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Bam Go Lihtc Llc V. Oquendo Oct 2023

Bam Go Lihtc Llc V. Oquendo

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Landlord brought a holdover proceeding against tenant for violating a probationary stipulation that required tenant to refrain from smoking, making significant noise, and being aggressive with other residents or building staff. The court found in favor of landlord and granted a conditional stay of eviction, requiring tenant to pay ongoing use and occupancy fees and continue complying with the stipulation. Landlord may proceed with eviction upon default of rent payment or further violation of the stipulation. Key Legal Points: Court found credible testimony of two neighbors sufficient to support landlord's position; standard for enforcing a stipulation is lower than standard …


600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp Oct 2023

600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp

All Decisions

The tenant association and tenants sued the landlord for rent overcharges, fraudulent initial leases with inflated rents, and housing violations. The court previously granted summary judgment for the tenants on the overcharge and fraudulent lease claims. This is a post-judgment report recommending the court confirm its findings that the landlord willfully overcharged rent, issued illegal fraudulent leases requiring rent freezes, and that the tenants are entitled to recover damages, penalties, and attorneys' fees to be determined.


Tzifil Realty Corp. V. Mazrekaj Oct 2023

Tzifil Realty Corp. V. Mazrekaj

All Decisions

Landlord filed a holdover proceeding after tenant's lease expired. Tenant vacated the premises. Landlord sought use and occupancy, arguing unjust enrichment. Court denied motion, finding landlord had already accepted possession and monetary judgment could not be awarded without possessory judgment. Court also denied landlord's motion for sanctions against tenant's counsel for allegedly frivolous conduct.


Renaisance Equity Holding Llc V. Ford Oct 2023

Renaisance Equity Holding Llc V. Ford

All Decisions

No abstract provided.


Sterling Queensboro Llc V. Kaplan Sep 2023

Sterling Queensboro Llc V. Kaplan

All Decisions

No abstract provided.


Gentles V. Day Sep 2023

Gentles V. Day

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In this non-payment proceeding, the court denied respondent's motion seeking dismissal based on lack of a lease and privity of contract. Despite the absence of a written lease, the court found a landlord-tenant relationship existed due to the acceptance of ERAP benefits by the landlord and the tenant's continued occupancy. Respondent's objections to jurisdiction and failure to serve a thirty-day notice were waived by their participation in the case without objection earlier. The court restored the case for trial or settlement, holding that ERAP benefits constituted a binding agreement akin to a lease.


Rego Park Ventures, Llc V Shany Sep 2023

Rego Park Ventures, Llc V Shany

All Decisions

No abstract provided.


Dumont Green Llc V. Duncan Sep 2023

Dumont Green Llc V. Duncan

All Decisions

Landlord brought a holdover proceeding against tenant for failing to vacate the premises after the tenant of record passed away. Tenant claimed succession rights based on an alleged family-type relationship with the deceased tenant. Court applied the Braschi test and found tenant failed to meet her burden of proof to establish a family-type relationship. Judgment of possession granted to landlord. Key Legal Points: 1) Factors considered under the Braschi test to determine a family-type relationship; 2) Importance of providing concrete evidence to support a succession claim; 3) Being married to other people does not necessarily negate a family-type relationship, but …


1113 Holding Ltd V. Christian Sep 2023

1113 Holding Ltd V. Christian

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Landlord filed nonpayment against tenant who was withholding rent due to ceiling collapse after chronic leak finally gave way to full collapse. Landlord has routinely brought cases against tenant and done all in their power to intimidate, including harassing statements in and out of court. Tenant able to mobilize their community and fought back against the landlord, not just on the landlord's OSC, but to get case dismissed against their adult son and to permit amendment to the answer to raise rent impairing violation defense.


Bp New Bldg. Llc V Steplight Aug 2023

Bp New Bldg. Llc V Steplight

All Decisions

No abstract provided.


Kaur V. Mathura Aug 2023

Kaur V. Mathura

All Decisions

No abstract provided.


501 West 143rd Street Hdfc V. Park Aug 2023

501 West 143rd Street Hdfc V. Park

All Decisions

No abstract provided.


1614 Midwood Holdings Llc V. Tiliaeva Aug 2023

1614 Midwood Holdings Llc V. Tiliaeva

All Decisions

ERAP Case.


New Choice Inc. V. Sutton Jul 2023

New Choice Inc. V. Sutton

All Decisions

Post Foreclosure.


New Choice Inc. V. Morgan Jul 2023

New Choice Inc. V. Morgan

All Decisions

Post Foreclosure.


New Choice Inc. V. Doe Jul 2023

New Choice Inc. V. Doe

All Decisions

Post Foreclosure.


Rh 507-517 West 171 St Llc V. Antigua Jul 2023

Rh 507-517 West 171 St Llc V. Antigua

All Decisions

The tenant's motion to reargue and for leave to conduct discovery regarding unexplained rent increases and the apartment's status as permanently exempt from rent regulation was granted. The court acknowledged the tenant's right to review the rental history beyond four years, finding ample need for discovery and directing the petitioner to produce documents requested within thirty days.


Herzl Realty Llc V. Almodovar Jun 2023

Herzl Realty Llc V. Almodovar

All Decisions

ERAP Case.


147-25 N. Assoc. Llc V. Villanueva Jun 2023

147-25 N. Assoc. Llc V. Villanueva

All Decisions

No abstract provided.


Lavin V. Weinberg Jun 2023

Lavin V. Weinberg

All Decisions

ERAP Case.


Osinuga V. Hanley Jun 2023

Osinuga V. Hanley

All Decisions

No abstract provided.


Hillside Park 168 Llc V. Anwar Md Jun 2023

Hillside Park 168 Llc V. Anwar Md

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No abstract provided.


Brussels Leasing Lp V. Sacks May 2023

Brussels Leasing Lp V. Sacks

All Decisions

The tenant refused to give access to the apartment for repairs, and the landlord sought eviction. The court dismissed the case because the landlord offered the tenant a lease renewal twice during the pendency of the lawsuit, without mentioning the eviction case. In the Second Department, a lease renewal can undo a termination notice.


One Lenox Llc V. Rivers May 2023

One Lenox Llc V. Rivers

All Decisions

No abstract provided.


Ami V. Ronen Apr 2023

Ami V. Ronen

All Decisions

ERAP Case.


969 Carroll Assoc., Llc V. Mendes Apr 2023

969 Carroll Assoc., Llc V. Mendes

All Decisions

No abstract provided.


Meisels Family, Inc V. Crittleton Apr 2023

Meisels Family, Inc V. Crittleton

All Decisions

No abstract provided.


Friedman Residence Llc V. Denson Apr 2023

Friedman Residence Llc V. Denson

All Decisions

No abstract provided.


Jval Holding Corp. V. Ruiz Apr 2023

Jval Holding Corp. V. Ruiz

All Decisions

No abstract provided.


717 Sterling Corp. V. Cook Apr 2023

717 Sterling Corp. V. Cook

All Decisions

No abstract provided.