Civil Court of the City of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
Bayridge Air Rights Inc.
Basu, Shantonu J.
Pre-answer Motion by Tenant
Tenant Substantially Won
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 Â§ 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.
"Bayridge Air Rights Inc. v. KRIVOROT" (2023). All Decisions. 1327.