Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-050280-23/KI
Petitioner
Vicenta Gamba
Respondent
Carlos Baus; Yolanda Baus; "John" "Doe"; "Jane" "Doe"
Judge
Vendzules, Jason P.
Decision/Order Date
2024-03-14
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a Holdover-Breach of Lease case the court granted the tenant's motion for summary judgment. The tenant argued that the petitioner failed to properly describe the regulatory status of the subject unit, which was found to be rent stabilized due to its construction date and the number of units it contained. The court determined that the petition was defective as it did not plead the proper regulatory status for the unit and accordingly dismissed the petition. This case emphasizes the importance of accurately pleading the regulatory status of rental units in holdover proceedings and highlights the consequences of failing to do so under RPAPL §741.
Recommended Citation
"Gamba v. Baus" (2024). All Decisions. 1405.
https://ir.lawnet.fordham.edu/housing_court_all/1405
