Case Type
Holdover-Licensee
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
313351/21
Petitioner
1691 Fulton Avenue Associates, L.P.
Respondent
Shanelle Washington, "John Doe," "Jane Doe"
Judge
ARRINDELL, TRAVIS J.
Decision/Order Date
2024-02-07
Posture
Pre-answer Motion by Tenant
Disposition
Other
Winner
Other
Synopsis
In this Holdover-Licensee case, the respondent sought to amend their answer, which was granted by the court. The petitioner's cross-motion to deem their service affidavit filed timely nunc pro tunc and for use and occupancy was denied. The court determined that the respondent's motion to amend was justified and did not prejudice the petitioner. Additionally, the petitioner's argument for overlooking their late filing lacked merit, as strict compliance with statutory requirements for service was necessary. Furthermore, the petitioner's cross-motion for use and occupancy was deemed premature as all adjournments were requested with the consent of both parties and none were solely attributable to the respondent. Therefore, the court granted the respondent's motion to amend their answer, deemed the amended answer accepted nunc pro tunc, and denied the petitioner's cross-motion in its entirety.
Recommended Citation
"1691 FULTON AVENUE ASSOCIATES, L.P. v. SHANELLE WASHINGTON et al." (2024). All Decisions. 1345.
https://ir.lawnet.fordham.edu/housing_court_all/1345
