Case Type
Non-payment
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-315862-23/KI
Petitioner
107-31 CORP.
Respondent
CARMEN AQUINO
Judge
BACDAYAN, KAREN MAY
Decision/Order Date
2024-03-12
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a Non-payment case before the court granted the tenant's motion to dismiss on default. The tenant argued that the petitioner failed to plead the regulatory status of the premises and was seeking more than the tenant portion of the rent, including "TBRA" subsidies not received by the tenant. The court found that the petitioner showed no vested interest in litigating the proceeding, and therefore, dismissed the case. Additionally, the court severed the tenant's counterclaims without prejudice. This case underscores the importance of properly pleading regulatory status in non-payment proceedings and the court's authority to control claims and order severances in summary proceedings.
Recommended Citation
"107-31 CORP. v. AQUINO" (2024). All Decisions. 1404.
https://ir.lawnet.fordham.edu/housing_court_all/1404
