PROCEDURE-COURT

Landlord Didn't Properly Serve 90-Day Termination Notice on Tenant

March 24, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice on Dec. 27, 2021. Tenant asked the court to dismiss the case based on landlord's failure to properly serve the termination...

Tenant Filed Improper Claims Against Landlord in Federal Court

February 23, 2023    

Tenant sued landlord, the ground-floor commercial tenant, and the U.S. Department of Justice (DOJ) in federal court. Tenant claimed that the floor of his second-floor apartment was damaged and his mail stolen when...

Court Won't Consolidate Tenant's Personal Injury Suit Against Landlord with Eviction Case

February 23, 2023    

Tenant sued landlord in June 2020 for breach of the warranty of habitability, breach of the lease, constructive eviction, negligence, and intentional infliction of emotional distress. Tenant sought monetary...

Landlord Improperly Relied on Prior Notice to Start Second Eviction Case

February 23, 2023    

Landlord sued to evict month-to-month tenant. Tenant asked the court to dismiss the case, claiming that landlord improperly served an old predicate notice from a prior proceeding before starting the case, rather than...

No ERAP Stay Applied to Court Action for Money Judgment Only

February 22, 2023    

Landlord sued tenant for breach of tenant's residential lease and sought an inquest to obtain a money judgment for back rent when tenant failed to respond to the summons and complaint served on him. Landlord...

Provisional Approval of Occupant's ERAP Application Dissolved Stay of Eviction Case

February 22, 2023    

Landlord sued to evict tenant for illegally subletting his apartment. The apartment occupant, but not the tenant, appeared in the court proceeding and showed that she had filed an ERAP application for rental...

Landlord's Eviction Case Against Former Super Dismissed

February 22, 2023    

Landlord sued to evict its former building superintendent after the super's employment was terminated. The super asked the court to rule in his favor without a trial. Landlord in turn asked the court to rule in...

Landlord Didn't Disclose It Had Received LRAP Funds to Pay Tenant's Rent

January 30, 2023    

Landlord sued to evict tenant after tenant's lease expired. Attorneys for both sides signed a settlement stipulation in court. In that agreement, tenant agreed to move out at the end of September 2022. Tenant...

Holdover Petition Dismissed Based on Insufficient Description of the Subject Apartment

January 30, 2023    

Landlord sued to evict tenant. Both the landlord's predicate notice and the petition referred to the premises as the "1st Flr." apartment although it was undisputed that tenant lived in the unit above...

Court Can't Award Money Judgment for Back Rent Because Tenant Had Moved Out

January 30, 2023    

Landlord sued to evict tenant for nonpayment of rent. At some point while the case was pending, tenant moved out and surrendered possession of the apartment to landlord. Landlord then asked the court for a money...

Tenants in 421-a Building Claiming Rent Concessions Caused Overcharges Can Pursue Class Action

January 29, 2023    

Current and former tenants sued landlord for improper deregulation, seeking rent-stabilized leases and rent overcharge refunds. The building was subject to rent stabilization under the RPTL 421-a tax benefit program...

Eviction Case Dismissed Because Landlord Attempted Service of Court Papers on Tenant's Sabbath Day

December 20, 2022    

Landlord sued to evict tenant after serving a 90-day termination notice. Tenant filed a pre-answer motion to dismiss the case, claiming that he wasn't legally served with the termination notice, he didn't...