NEW YORK LAW JOURNAL

Former Employee, Now Tenant, Gets $60K in Attorney's Fees After Eviction Case Dismissed

September 20, 2024    

Landlord sued to evict an employee from an apartment in its building after his employment was terminated. Landlord claimed the apartment use was incidental to the employment. The court dismissed the case, then denied...

Nonpayment Case Dismissed Due to Defective Rent Demand

September 20, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default with a money judgment based on back rent due at $1,559 per month. After later receiving the marshal...

Landlord Suing Condo Tenant Can Seek Indemnification from Condo Board

August 27, 2024    

Landlord, the owner of a condominium unit, sued tenant for breach of tenant's lease by failing to pay rent between Aug. 15, 2019, and Dec. 14, 2019, and for refusing to grant access to landlord and the condo'...

Rent-Stabilized Tenant's Brother Gets Tenant's Apartment

July 29, 2024    

Landlord sued to evict rent-stabilized tenant and additional apartment occupants based on tenant's nonprimary residence. While tenant had moved to Georgia and no longer primarily resided in the apartment, tenant...

Tenant Gets 100% Rent Abatement for 44 Months Due to Defective Roof

July 25, 2024    

Landlord sued to evict successor of deceased rent-controlled tenant for nonpayment of rent. Landlord sought $152 per month from October 2019 through August 2023. Tenant asked the court to dismiss the case, claiming...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that...

Five Days Must Be Added to 14-Day Rent Demand to Allow for Service by Nail-and-Mail

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't provide sufficient notice. The court ruled for tenant. The 14-day...

Nonpayment Petition Dismissed Due to Unclear Rent Ledger

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $1,455. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't specify the amounts due and included non-...

Trial Needed to Determine if Tenant Was Constructively Evicted Due to Vermin Condition

June 25, 2024    

Landlord sued former tenant, seeking a money judgment for unpaid rent arrears and other expenses. A default judgment was entered after tenant failed to appear in court. Tenant later obtained legal counsel and got the...

Landlord Failed to Comply with CARES Act

May 23, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord failed to state a cause of action in its petition and didn't provide necessary...

Tenant's Appeal of OTDA Denial of ERAP Application Must Be Filed in Albany County

May 23, 2024    

Tenant sued for judicial review of several OTDA decisions denying his applications for ETPA rental assistance benefits. OTDA asked the court to dismiss the case as time-barred or, alternatively, to transfer the case...

Eviction Proceeding Dismissed After DHCR Grants Occupant Succession Rights

May 23, 2024    

Landlord sued to evict apartment occupant based on now deceased tenant's failure to renew her rent-stabilized lease. Occupant claimed succession rights and the court stayed the eviction case pending the DHCR'...