PROCEDURE-COURT

Tenant Didn't Submit Proper Record to Appeals Court

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant appealed and lost. The appeals court dismissed the case because tenant failed to assemble a proper record on appeal, which should have...

Court Can't Amend Judgment to Add Money Award to Landlord

February 27, 2019    

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to...

Can FNMA Evict Tenants from Co-op Apartment?

February 27, 2019    

The Federal National Mortgage Association (FNMA) sued to evict tenants from a co-op apartment. FNMA was the assignee of a successful bidder in a nonjudicial foreclosure sale of the building, and it claimed that it...

Court Vacates Settlement Agreement for Tenant Who Had No Attorney

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord obtained a judgment and eviction warrant based on tenant's default. The day after eviction, tenant asked the court to vacate the judgment and warrant...

Court Papers Stating No Reason for Termination Are Defective

February 21, 2019    

Landlord sued to evict ETPA tenant. Tenant asked the court to dismiss the case, claiming that she was rent controlled, not rent stabilized. Tenant claimed that she moved into the apartment on June 1, 1966, not 1986...

Eviction Proceeding Didn't Identify Occupant as Squatter

February 21, 2019    

Landlord sued to evict apartment occupant, claiming that the occupant was a licensee of former rent-stabilized tenant who no longer had a right to continue to live in the apartment after tenant died. The court ruled...

Housing Court Can't Declare Preferential Rent Invalid

January 28, 2019    

Landlord sued to evict building super, claiming that he lived in his apartment merely due to his employment. Landlord and the super signed a settlement agreement in court. The agreement stated that the super was a...

Eviction Proceeding Dismissed Because Lease Lacked Essential Terms

January 24, 2019    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord terminated the tenancy based on its...

Eviction Case Commenced in Commercial Part Against Loft Tenants Dismissed

December 25, 2018    

Landlord sued to evict loft tenants in commercial landlord-tenant part of the Civil Court. Tenants asked the court to dismiss or delay the case, pending the outcome of a NYC Loft Board proceeding. Tenants, who lived...

Eviction Proceeding Dismissed Due to Landlord's Defective Rent Demand

December 25, 2018    

Landlord sued to evict tenant for nonpayment of rent after sending tenant a written rent demand. The court dismissed the case because the rent demand was defective. Real Property Actions and Proceedings Law Section...

Housing Court Can't Rule on Occupants' Claim That New Landlord Was Part of Mortgage Fraud Scheme

November 27, 2018    

Landlord sued to evict three building occupants in separate housing court proceedings that were consolidated before the court. Landlord claimed that it bought the building from prior owner and that occupants'...

Appeals Court Won't Delay Eviction Case While Parties' Other Case Is Pending

November 27, 2018    

(Decision submitted by Tony Subraj, Vice President of Zara Realty, for the landlord.)