Case Type

Non-payment

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

L&T 312413/22

Petitioner

1901 Henessy LLC & The Holcmill Group LLC & Parardigm Hennessy LLC

Respondent

LOIDA MENDEZ and VANESSA MARIE BOGORAD

Judge

Garland, Christel F.

Decision/Order Date

2023-08-15

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord moved to restore the proceeding and modify a stipulation due to an alleged mutual mistake about receiving rent payment from HRA. The court denied the landlord's motion, finding no proof of mutual mistake. The tenant provided evidence that HRA issued and delivered rent payment checks to the address provided by the landlord's counsel, and at least one check was negotiated by someone connected to the landlord/counsel. The court found the tenant properly obtained HRA approval and arranged payment per the stipulation.

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