Case Type
Rent Overcharge
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
158948/2018
Slip Opinion Number
2022 NY Slip Op 30273(U)
Petitioner
SUSAN MAY TELL
Respondent
FIRSTSERVICE RESIDENTIAL NEW YORK, INC. et al
Judge
Kotler, Lynn R.
Decision/Order Date
2022-01-27
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/Discontinued
Winner
Landlord Substantially Won
Synopsis
Tenant petitioner brings action to have the window air conditioner in her rent stabilized apartment reinstalled instead of accepting a portable in-room unit. Landlord respondent argue window AC units are no longer allowed since building was converted to condo. Plaintiff's argues window AC is a required service, but court finds that a switch to a portable unit is only a modification of required service. Petitioner may request a portable AC unit since the court does find AC is a required service. Court denies petitioner's motion for summary judgment and grants respondent's motions for summary judgment and dismisses the complaint.
Recommended Citation
"Tell v. Firstservice Residential N.Y., Inc." (2022). All Decisions. 14.
https://ir.lawnet.fordham.edu/housing_court_all/14
