Case Type
Non-payment
Housing Type
Mitchell-Lama
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-322258-22/KI
Petitioner
Bayridge Air Rights Inc.
Respondent
ZHANNA KRIVOROT
Judge
Basu, Shantonu J.
Decision/Order Date
2023-11-27
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord filed a non-payment proceeding against tenant in a Mitchell-Lama apartment. Tenant moved to dismiss, arguing that the rent demand included non-rent charges (air conditioning and dishwasher fees) in violation of RPAPL § 702(10). Court granted tenant's motion, finding that the inclusion of non-rent charges rendered the rent demand defective and that the error was not de minimis. Case dismissed without prejudice.
Recommended Citation
"Bayridge Air Rights Inc. v. KRIVOROT" (2023). All Decisions. 1327.
https://ir.lawnet.fordham.edu/housing_court_all/1327
