PROCEDURE-COURT

Tenant Can Vacate Settlement Agreement

June 16, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had lived in the apartment for 19 years and claimed repairs were needed. Landlord and tenant signed a settlement agreement in court that...

Judgments Mistakenly State They Were Based on Settlement Agreement

May 16, 2014    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $4,852. The court also awarded landlord attorney's fees in the amount of $3,900...

Federal Court Dismisses Former Tenant's Lawsuit Against Landlord

April 16, 2014    

Former rent-stabilized tenant sued landlord in federal court for a second time, claiming wrongful eviction. Tenant had been evicted in 1996 and, in 1998, sued landlord in state court. She claimed that landlord's...

Landlord Didn't State Tenant's Shelter+Care Program Status in Court Papers

April 16, 2014    

Landlord of HUD-subsidized building sued to evict tenant for creating a chronic nuisance. The court granted tenant's request to dismiss the case. Landlord's court papers contained basic misstatements and...

Tenant's Son Not a Required Party in Nonpayment Proceeding

April 15, 2014    

(Decision submitted by David M. Berger, Esq. of the Brooklyn law firm of Tenenbaum...

Tenant May Need Guardian Ad Litem

March 24, 2014    

Landlord sued to evict tenant, whose family claimed that tenant needed a guardian ad litem (GAL) during the court proceeding. The court ruled against tenant, who appealed and won. The appeals court sent the case back...

Tenant Can't Vacate Settlement Agreement

March 20, 2014    

Landlord sued to evict tenant and tenant's sister. Both sides were represented by attorneys and signed a settlement agreement in court. Tenant and her sister later asked the court to vacate the agreement,...

Tenant with Overcharge Claim Can Vacate Settlement Agreement

March 19, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later obtained an attorney and asked the court to vacate the agreement and...

Landlord Didn't Properly Identify Regulatory Status in Petition

February 19, 2014    

Landlord sued to evict cooperative tenant shareholder for breaching its lease. Landlord claimed that tenant's subtenant made excessive noise in the apartment. Tenant asked the court to dismiss the case because...

Court Can't Default Tenant for Not Making Interim Rent Payment

February 19, 2014    

Landlord sued to evict month-to-month tenant. Tenant claimed that he had a five-year renewal option after his leases expired in 2009 and that he had renewed the lease. Landlord argued that the renewal option was...

Tenant Can't Vacate Default Judgment

February 19, 2014    

Landlord sued to evict tenant for nonpayment of rent in April 2013. Tenant answered the petition and claimed a number of defenses. The case was adjourned several times before the court ordered that the parties must...

Landlord Didn't Comply with Settlement Terms

February 19, 2014    

Landlord sued to evict unregulated tenant of a two-family house for nonpayment of rent. Landlord and tenant signed a settlement agreement that converted the case to a holdover proceeding. Tenant...