PROCEDURE-COURT

Court Dismisses Nonpayment Proceeding Because C of O Was Invalid

December 20, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that the building didn't have a valid certificate of occupancy (C of O) and that a temporary C of O...

Landlord's Termination Notice Didn't Properly Track Tenancy Term

December 20, 2023    

Landlord sued to evict tenant after issuing a 90-day termination notice. The termination notice stated that the tenancy ended on the 15th day of the month. But the month-to-month tenancy term ran from the first to...

Rent Demand Was Issued After Tenancy Termination Notice

December 20, 2023    

Landlord sued to evict tenant in 2021, basing the holdover proceeding on a 2020 termination notice that had been used in a prior eviction proceeding that had been dismissed. Landlord asked the court to vacate tenant...

Court Denies Landlord's Request to Restore Case to Calendar

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for violating substantial obligations of her tenancy. The parties settled the case in court in February 2023. The stipulation addressed the lease breach claims, called...

Court Won't Award Use and Occupancy After Judgment of Possession Previously Granted

December 20, 2023    

Landlord sued to evict tenant in a holdover proceeding. Landlord and tenant settled the case during trial. Tenant agreed to move out, and landlord agreed to waive rent owed. When tenant failed to vacate by the agreed...

Eviction Proceeding Dismissed Based on Illegal Cellar at Building

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of...

Eviction Proceeding for Nonpayment Dismissed for Including Non-Rent Fees

December 20, 2023    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and...

Subsequent Order Ending Guardianship for Tenant Didn't Require Vacatur of Prior Stipulation

November 27, 2023    

Landlord sued to evict tenant for nonpayment of rent. After the court granted landlord's request to execute a warrant of eviction in October 2022, tenant appealed and lost. Tenant's Article 81 guardian,...

Landlord's Issuance of Rent Demand During Eviction Proceeding Vitiated Termination Notice

November 27, 2023    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, the tenant below testified that he heard running, screaming, banging, and ball playing at various times and had trouble sleeping as a...

Court Action for Back Rent Stayed Pending Outcome of Eviction Proceeding

November 27, 2023    

Landlord sued tenant in State Supreme Court based on tenant's breach of lease and nonpayment of rent, seeking a total of $60,650 in back rent. Landlord asked the court for a default judgment against tenant when...

Landlord Didn't File Affidavit of Service of Petition for Two Years

November 27, 2023    

Landlord sued to evict tenant. Tenant then filed an ERAP application for rental assistance, and the case was stayed by law. Landlord asked the court to vacate the ERAP stay. In response, tenant asked the court to...

Landlord Can't Evict Yonkers Tenant in Building Containing Unlawful Apartment

November 27, 2023    

Landlord sued to evict Westchester County tenant for nonpayment of rent. Tenant asked the court to dismiss the case without trial. The court ruled for tenant and found that the eviction would violate Multiple...