PROCEDURE-COURT

Court Rejects "Robo-Signed" Affidavits Seeking Default Judgments in Nonpayment Proceedings

April 15, 2013    

Various landlords, represented by the same attorneys, sued to evict tenants for nonpayment of rent. In each case, the tenant failed to answer the petition and landlord sought default judgments by submission of...

Landlord Omitted Some Co-Tenants from Case

April 15, 2013    

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. The court ruled in part for landlord, awarding a judgment for $15,000, after a $5,000 abatement for...

Tenants Can't Sue Landlord for Rental Dispute in Federal Court

April 10, 2013    

Tenants sued landlord and real estate broker in federal court, claiming civil rights violations based on fraud. They paid a broker's commission and nearly one year's rent in advance but didn't sign a...

Court Papers Fatally Defective

March 14, 2013    

Landlord sued to evict tenant based on a clutter condition in the apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out by July 31, 2011, unless the apartment passed...

Tenant Died Before Judgment Entered in Eviction Proceeding

March 14, 2013    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. The case was adjourned in court a number of times during 2012. Tenant never appeared. Instead, tenant's nephew appeared, stating that...

Tenant Must Produce Medical and Other Records

March 8, 2013    

Tenant sued landlord for negligence after her bathroom ceiling fell and injured her. During pretrial questioning, landlord sought the release of records maintained by the witness protection program that tenant was...

New Landlord Can Substitute into Proceeding After Judgment

February 8, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the judgment issued in connection with the settlement agreement...

Tenant Can't Challenge Housing Court's Eviction Order

February 8, 2013    

Tenant sued landlord in federal court and asked the court to stay the execution on an eviction warrant issued by the housing court. Tenant claimed that he was a member of the "sovereign citizen movement,"...

Affidavit of Service Proves Court Papers Were Delivered

February 8, 2013    

Landlord sued to evict tenant for nonpayment of rent. Although he filed an answer in court using the housing court's preprinted form, tenant claimed that he never received a copy of landlord's notice of...

Tenant Can't Challenge Ruling in Federal Court

January 14, 2013    

Tenant sued landlord NYCHA in federal court, after landlord won an eviction case against tenant and tenant lost his appeal in state court. The federal court dismissed tenant's case. Federal courts don't have...

Tenant Can't Vacate Settlement Agreement

January 14, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $46,450 in back rent for the period between May 2008 and March 2011. Tenant claimed that the building had no...

Landlord Can Bring Nonpayment Case Against Month-to-Month Tenant

January 14, 2013    

Landlord sued to evict month-to-month tenant for nonpayment of rent. At the time of the trial, tenant argued that the case should be dismissed because there was no lease and landlord couldn't maintain a...