NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Trial Needed to Determine If Landlord Can Recover Apartment for His Son

October 29, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that he needed tenant's apartment for the use of his son and daughter-in-law. After pretrial questioning, tenant asked the court to dismiss the case without...

Did Landlord's Acceptance of Rent Before Starting Court Case Waive Its Right to Proceed?

October 29, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial because landlord accepted and retained two rent payments for the period after tenancy...

Landlord Can Seek Eviction of Subtenant

October 28, 2018    

Landlord sued to evict rent-stabilized tenant and apartment subtenant based on tenant's nonprimary residence. The subtenant asked the court to dismiss the case, claiming illusory tenancy. The court ruled against...

Landlord's Illegal Sublet Claim Stated Sufficient Facts

October 28, 2018    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of his apartment. The court denied tenant's request to dismiss the case without trial. Landlord's notice to cure and termination...

Is Landlord Responsible for Tenant's Fall on Sidewalk Crack?

October 28, 2018    

Tenant sued landlord after she fell outside her apartment building due to a sidewalk crack filled with dirty ice. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for tenant's...

Boiler Heat Timer Control Didn't Qualify as MCI

October 22, 2018    

Landlord applied for MCI rent hikes based on the installation of a heat timer control on a building's boiler. The DRA ruled against landlord, who appealed and lost. The replacement only of the boiler control...

Landlord Proves Court Papers Were Properly Served

October 22, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant claimed that landlord's court papers weren't properly served and that therefore the case should be dismissed. Specifically,...

Landlord Can Evict Occupants After Tenant Defaults in Nonpayment Proceeding

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to answer or otherwise appear in court, the court entered a default judgment against tenant and "all other persons" residing in the...

Landlord Can Seek Attorneys' Fees from Tenant as Agreed in Settlement

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted landlord's request for attorney's fees, in an amount to be determined...

Permanent Tenant's Brother Gets Apartment

October 22, 2018    

Landlord sued to evict a hotel-stabilized tenant for nonprimary residence. Tenant's brother claimed succession rights. The trial court ruled against landlord and dismissed the case, finding that the occupant was...

Tenant Claims Attorney Wasn't Authorized to Sign Settlement Agreement

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement and judgment of possession in landlord's...

Landlord and Tenant Signed Two Leases at Different Rent Amounts

October 8, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court dismissed the case after trial. Landlord and tenant signed one lease listing a higher rent, then signed a second lease with a lower rent...