Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-304210-22/KI

Slip Opinion Number

50041(U)

Petitioner

360-362 Lafayette, LLC

Respondent

Nicole Brown

Judge

Basu, Shantonu J.

Decision/Order Date

2024-01-16

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant brought a non-payment proceeding challenging the regulatory status of the apartment, alleging it was part of a horizontal multiple dwelling and therefore rent-stabilized. Landlord claimed it was a four-family house and not subject to rent stabilization. Court granted tenant's motion for discovery to allow inspection of the buildings to gather evidence about shared facilities, but denied requests for copies of leases and a deposition of landlord. Key Legal Points: Court found inspection necessary to determine if buildings shared enough common facilities to be considered a horizontal multiple dwelling.

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