Case Type
Non-payment
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-328061-22/KI
Petitioner
1614 MIDWOOD HOLDINGS LLC
Respondent
Tiliaeva, Malika
Judge
Golden, Tashanna B.
Decision/Order Date
2023-11-28
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant, Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Granting motion for reargument and granting summary judgment in tenant’s favor, dismissing the case. Underlying motion for summary judgment argued that landlord was unable to maintain the proceeding because the tenant is rent stabilized without a current lease. Judge denied motion, finding that landlord’s acceptance of ERAP payment constituted a lease and/or agreement. Motion for reargument argued that the proceeding was commenced in November 2022 and landlord did not accept ERAP payment until December 2022, therefore at the time that the proceeding was commenced there was no lease and/or agreement in effect.
Recommended Citation
"1614 MIDWOOD HOLDINGS LLC v. TILIAEVA" (2023). All Decisions. 1412.
https://ir.lawnet.fordham.edu/housing_court_all/1412
