Tenant Claims There Are Six or More Apartments in Building

Landlord sued to evict tenant from two-family dwelling. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to move out. Tenant later obtained an attorney and asked the court to vacate the settlement agreement because tenant was rent stabilized. The court ruled for tenant. Tenant had a potentially meritorious defense to the eviction petition. Tenant claimed that the building contained six or more housing accommodations and showed proof of five housing court cases commenced by landlord concerning different units.The court reopened and consolidated tenant's case with a case landlord brought against another tenant in the building.

Johnson v. Bess: Index No. 79788/17, NYLJ No. 1531643781 (Civ. Ct. Queens; 6/14/18; Lansden, J)