Case Type
Non-payment
Housing Type
SRO
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-315466-23/NY
Petitioner
Lucky Bowery Realty Corp
Respondent
JONATHAN DOUDS, "JOHN" "JANE DOE"
Judge
Gonzalez, Alberto
Decision/Order Date
2023-02-23
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to dismiss the landlord's nonpayment petition. Although the petition alleged the existence of a lease agreement which the tenant defaulted on, it was established during the proceeding that no written lease existed between the parties. The court found that without a lease agreement, the landlord was prohibited from commencing the nonpayment proceeding under RPAPL 711(2). The landlord's argument that it did not need to offer a lease unless the tenant requested one also failed, as the tenant and his counsel both requested a written lease which the landlord did not rebut or provide evidence against. Therefore, the nonpayment petition was dismissed.
Recommended Citation
"Lucky Bowery Realty Corp v. Douds" (2023). All Decisions. 1407.
https://ir.lawnet.fordham.edu/housing_court_all/1407
