Case Type

Non-payment

Housing Type

Rent Stabilized

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York (Manhattan)

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

571018/23

Slip Opinion Number

2023 NY Slip Op 51261(U)

Petitioner

7 East 14, LLC

Respondent

Sydney Libson

Judge

Hagler, PJ, Tisch, J

Decision/Order Date

2023-11-22

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord appealed from an order of the Civil Court granting tenant's motion to dismiss a nonpayment petition. The Appellate Term affirmed, holding that a nonpayment proceeding cannot be used to collect rent for a period after the lease has expired. The court also held that landlord's claim for rent arrears that accrued before the lease expired was properly dismissed because landlord did not amend the petition.

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