NEW YORK LAW JOURNAL

Court Vacates Settlement Agreement to Let Tenant Assert Overcharge Claim

April 28, 2017    

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

Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant

April 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. The Rochester city court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction...

Landlord Must Produce Witness List Before Nuisance Trial

April 28, 2017    

Landlord sued to evict tenant for creating a nuisance. Tenant sought pretrial document production from landlord. The court ruled for tenant, who later asked the court to dismiss the case based on landlord’s...

SRO Tenant's Brother Became Permanent Tenant

April 28, 2017    

Landlord sued to evict hotel-stabilized SRO tenant for nonprimary residence. Landlord claimed that tenant didn’t live in the unit but let her brother live there without landlord’s consent. The brother...

Landlord Renewed Tenant's Lease After Terminating Tenancy

April 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord sent tenant a renewal lease after terminating the tenancy. Landlord argued that it...

Court Finds Process Server’s Signatures Inconsistent

April 28, 2017    

Landlord sued to evict two tenants for nonpayment of rent, then sought default judgments when tenants failed to respond. The court ruled against landlord. Affidavits of service indicated that a licensed process...

Building Converted from Six to Four Apartments Remained Rent Stabilized

April 28, 2017    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that he was rent stabilized and asked the court to dismiss the case without a trial. The court ruled for tenant. Before 1974...

Landlord Improperly Sued to Evict Shareholder Tenant as Licensee After Foreclosure

April 28, 2017    

Landlord cooperative corporation sued to evict shareholder tenant after recovering the apartment in a nonjudicial foreclosure after tenant failed to make maintenance payments. Landlord started the case by sending...

Court Grants Tenant's Request for Pretrial Questioning

April 28, 2017    

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that the apartment was rent stabilized and had been improperly deregulated. Landlord and tenant agreed to mark the case off...

Tenant Who Cooked Food in Apartment Didn’t Create Nuisance

April 28, 2017    

Landlord sued to evict tenant for breaching her lease and creating a nuisance by preparing Ecuadoran food in her apartment kitchen for sale at construction sites. Tenant had a food vendor’s license and had...

Settlement Agreement in Nonpayment Proceeding Vacated

April 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed. Shortly before the payment deadline,...

Tenant Didn't Pay “Use and Occupancy” While Eviction Case Pending

April 27, 2017    

Landlord sued to evict tenant for nonprimary residence. While the case was pending, landlord and tenant signed a court-ordered agreement that tenant would pay monthly use and occupancy or else landlord could evict...