Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

305427-23/BX

Petitioner

EAST 163 STREET LLC

Respondent

KEVIN HILL, TOSHIMA GARNER

Judge

Lutwak, Diane E.

Decision/Order Date

2023-09-20

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The court grants the tenant's motion to amend the answer, dismisses the petition, and transfers the proceeding for a hearing on the tenant's counterclaims. The tenant's motion is based on deficiencies in the petition, including improper party designation, lack of rent stabilization registration, and a defective rent demand. The court finds in favor of the tenant, dismissing the case without prejudice and allowing the tenant to pursue counterclaims.

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