Tenant Presents No Proof Violation Wasn't Corrected After Landlord Certification

May 24, 2024

LVT Number: #33221

Landlord sued tenant and tenant's guarantor for unpaid rent, use and occupancy, and attorney's fees. Tenant asked the court to dismiss the case. He claimed that there were rent-impairing violations. Landlord in turn asked the court to compel pre-trial questioning. The court ruled against tenant, finding that landlord had certified that the violation in question had been corrected, and tenant showed no proof that the certification was inaccurate. The court also ruled against landlord.

Landlord sued tenant and tenant's guarantor for unpaid rent, use and occupancy, and attorney's fees. Tenant asked the court to dismiss the case. He claimed that there were rent-impairing violations. Landlord in turn asked the court to compel pre-trial questioning. The court ruled against tenant, finding that landlord had certified that the violation in question had been corrected, and tenant showed no proof that the certification was inaccurate. The court also ruled against landlord. Previously, the court had informed the parties that the discovery requests were overbroad or otherwise impermissible and that tenant therefore wasn't required to respond to them.

Bold Group LLC v. Rachmut: Index No. 653735/2022, 2024 NY Slip Op 30964(U), NYLJ No. 1711497886 (Sup. Ct. NY; 3/21/24; Lebovits, J)

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