Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-335484-22/BX
Petitioner
NY SANDY3 NBP4 LLC
Respondent
JACOBO PAGAN, RITA ROSARIO, CHRISTOPHER "DOE," et al.
Judge
Breier, Miriam, J.
Decision/Order Date
2024-03-08
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a Holdover-Nuisance case before the Civil Court of the City of New York, Bronx County, Judge Miriam Breier granted the tenant's motion for summary judgment, dismissing the proceeding with prejudice. The key legal point revolves around RPAPL §744, which prohibits the eviction of a tenant who is a victim of domestic violence. The court found that the tenant, met the criteria for domestic violence victim status and that the eviction would not have been pursued if not for the domestic violence perpetrated by her son. Therefore, the court granted the tenant's motion, emphasizing the legislative intent to protect victims of domestic violence from eviction.
Recommended Citation
"NY SANDY3 NBP4 LLC v. PAGAN" (2024). All Decisions. 1402.
https://ir.lawnet.fordham.edu/housing_court_all/1402
