Case Type

Holdover-Nuisance

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

157743/2014

Slip Opinion Number

2023 NY Slip Op 31584

Petitioner

Shawn Dahl and James Peterson

Respondent

Prince Holdings 2012, LLC, Steven Croman, et al.

Judge

d'Auguste, James E.

Decision/Order Date

2023-05-11

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

Tenants sued their landlord for harassment, poor living conditions, and other issues. The court dismissed some parts of their claims but allowed most to proceed, including claims for constructive eviction, trespass, and nuisance. The court also denied the landlord's counterclaims for unpaid rent, finding they depend on the outcome of the tenants' claims about poor conditions. Key legal points: tenants can pursue claims for holdover-nuisance even if they remain in the apartment, and a landlord's counterclaim for unpaid rent may be impacted by the tenant's claims about poor living conditions.

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