Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-302018-23/NY
Slip Opinion Number
2023 NY Slip Op 51208(U) [81 Misc 3d 1201(A)]
Petitioner
Birdie 141 Broadway Associates, LLC
Respondent
Diana Cruz, John Doe, Jane Doe
Judge
Bacdayan, Karen May
Decision/Order Date
2023-11-14
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this holdover proceeding in the Civil Court of the City of New York, Manhattan, the court denies the tenant's motion to dismiss and motion for summary judgment. The landlord initiated the case based on chronic late rental payments by the tenant, alleging breach of lease. The tenant argued for dismissal citing the statute of limitations and sought summary judgment claiming the landlord's failure to make repairs justified rent withholding. The court ruled that the statute of limitations did not bar the case and that the tenant's claims regarding the landlord's failure to make repairs were triable issues of fact, denying both motions. Key Legal Points: The court clarified that the statute of limitations is not an automatic bar to considering earlier proceedings in a chronic rent delinquency case. It emphasized that the motive behind a tenant's rent delinquency, such as a landlord's alleged failure to make repairs, is a factual issue not suitable for summary judgment.
Recommended Citation
"Birdie 141 Broadway Assoc., LLC v. Cruz" (2023). All Decisions. 1374.
https://ir.lawnet.fordham.edu/housing_court_all/1374
