NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Tenant Didn't Commit Nuisance by Cooking Lunches for Sale Outside Building

June 17, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated a substantial obligation of his tenancy and created a nuisance by cooking 12 to 15 lunches six days week for sale outside of the building....

Landlord's Lease Nonrenewal Notice Stated Sufficient Grounds for Eviction Case

June 17, 2019    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court denied landlord's request for pretrial questioning and granted tenant's request to dismiss the case. Landlord appealed,...

Pre-Trial Questioning Permitted to Determine Whether Apartment Was Properly Deregulated

June 17, 2019    

Landlord sued to evict tenant, claiming that apartment was exempt from rent stabilization based on high-rent vacancy. The court denied landlord's request for a ruling without a trial, and granted tenant's...

Landlord Can't Collect Unpaid Rent from Tenants

June 17, 2019    

Landlord sued to evict 19 tenants for nonpayment of rent. The trial court dismissed the cases because the building lacked a valid Certificate of Occupancy (C of O) and therefore tenants had a valid defense that no...

Landlord Can't Get Loft Tenant's Juror Records

June 17, 2019    

Landlord sued the court's commissioner of jurors, seeking disclosure of loft tenant's home and mailing addresses, as well as tenant's dates of jury service. The court ruled against landlord, who appealed...

40-Year Lease for Corporate Tenant Without Named Occupant in Rent-Stabilized Unit Was Void

June 17, 2019    

Landlord sued tenant and asked the court to declare that tenant's lease was illegal and void as against public policy. The court ruled for landlord, declared the lease void, terminated tenant's rights of...

Is Landlord Responsible for Window Falling on Tenant's Hand?

June 17, 2019    

Tenant sued landlord for damages, after an apartment window abruptly closed on his hand. Tenant claimed that landlord negligently maintained the window. The court granted landlord's request to dismiss the case...

Trial Needed to Decide Brother's Succession Claim

May 25, 2019    

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The brother claimed succession rights. Landlord asked the court to rule in its favor without trial. Landlord claimed that the brother...

Rent-Stabilized Tenant Can't Prove Fraud

May 25, 2019    

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized,...

Tenant Relocated Temporarily to San Antonio for Job

May 20, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, finding that tenant relocated only temporarily due to employment requirements to move to San Antonio for...

Landlord Can't Prove Tenant's Apartment Clutter Created Nuisance Condition

May 20, 2019    

Landlord sued to evict 81-year-old HUD/Section 8 tenant for permitting a dangerous nuisance condition at her apartment. Landlord claimed that tenant refused to permit access to landlord for pest extermination, kept...

Did Rent-Stabilized Tenant Deceive Landlord While Daughter Lived in Apartment?

May 20, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had in fact moved out of the apartment while her daughter lived there. Tenant and tenant's daughter asked the court to dismiss the...