Case Type
HP
Court
Supreme Court of the State of New York, Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
157293/2023
Slip Opinion Number
2023 NY Slip Op 51144(U)
Petitioner
Gemini Realty LLC
Respondent
David Miller
Judge
Lebovits, Gerald
Decision/Order Date
2023-10-25
Posture
Other
Disposition
Judgment for Plaintiff
Winner
Landlord Substantially Won
Synopsis
In this case, the landlord, sought a preliminary injunction to compel licensee tenant to allow access for repairs, specifically to replace a bathtub with a shower and address open Department of Buildings violations. The court granted the injunction, citing the landlord's clear right to access under NYC Administrative Code § 27-2008 and Multiple Dwelling Law § 78, the irreparable harm caused by ongoing water leaks, and the imbalance of equities in favor of the landlord. The decision highlighted the tenant's obligation to cooperate with repairs and the landlord's responsibility to maintain the building's safety.
Recommended Citation
"Gemini Realty LLC v. Miller" (2023). All Decisions. 1383.
https://ir.lawnet.fordham.edu/housing_court_all/1383
