PROCEDURE-COURT

Tenant Showed Good Excuse for Missed Court Date

February 14, 2018    

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant then asked the court to vacate the judgment and...

Tenant Can't Vacate Prior Attorney's Consent to Judgment for Landlord

January 26, 2018    

Fannie Mae, as landlord, sued to evict tenant in a post-foreclosure eviction proceeding. Landlord and tenant, represented by an attorney, signed a settlement agreement. Tenant agreed to move out in three months, and...

Tenants' Claims Against Landlords Didn't Qualify for Class Action

December 20, 2017    

Tenants sued landlords and asked the court to designate the case as a class action. Tenants claimed rent overcharge and that landlords illegally or fraudulently engaged in a scheme to inflate rents in over 20...

Court Won't Discontinue Nonpayment Case

December 20, 2017    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $1,000 through April 2016. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to...

Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017    

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory...

Landlord Showed No Good Faith Attempt to Determine If Tenant Tried to Cure

September 27, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease and for illegally subletting the apartment. Tenant claimed that landlord waived any right to evict her for having the dog. Tenant also claimed...

Landlord's Notice to Terminate Assisted Living Residency Was Insufficient

September 24, 2017    

Landlord sued to terminate the admission agreement of an assisted living resident under Social Services Law Section 461-h. Landlord claimed that the resident failed to pay her rent. Resident claimed that landlord...

Tenant's Deposit of Rent Check into Bank Lock Box Didn't Create Waiver of Termination Notice

September 24, 2017    

Westchester County landlord sued to evict tenant for breaching her lease based on apartment conditions. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's acceptance of a rent...

Landlord Can Amend Defective Verification of Court Petition

August 29, 2017    

Landlord sued to evict tenant, claiming that the building wasn't a multiple dwelling and that tenant was unregulated. Tenant asked the court to dismiss the case because the termination notice and court petition...

Eviction Case Dismissed for Improper Delivery of Court Papers

August 28, 2017    

Landlord sued to evict a squatter from a rent-stabilized apartment after serving a 10-day notice to quit. The squatter asked the court to dismiss the case, claiming improper service. The court ruled for the squatter...

Assisted Living Facility Seeking Resident's Eviction Can't Join Guarantor to Proceeding

August 28, 2017    

Nassau County facility operator sued to terminate residency and evict assisted living facility resident under Social Services Law (SSL) Section 461-h. The operator also sought $22,000 in overdue charges from resident...

Court Vacates Settlement Agreement Tenant Signed After Suffering Epileptic Seizure

August 28, 2017    

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