Case Type
Holdover-Non-primary Residence
Housing Type
HDFC
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571176/23
Slip Opinion Number
2024 NY Slip Op 50286(U)
Petitioner
352-354 West 48th Street Housing Development Fund Corporation
Respondent
Claribelle Tineo, Sophia Montalvan and "Jane Doe,"
Judge
Tisch, J.P., James, Perez
Decision/Order Date
2024-03-19
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In a holdover proceeding against a tenant of an HDFC apartment, the appellate court found triable issues of fact remained on whether the apartment was the tenant's primary residence, precluding summary judgment for the landlord. While the tenant's filing of taxes from another address was not dispositive, credibility issues required resolution at trial. However, the court denied the tenant's attempt to amend the answer with an affirmative defense of waiver under the proprietary lease, finding that defense lacked merit.
Recommended Citation
"352-354 W. 48th St. Hous. Dev. Fund Corp. v. Tineo" (2024). All Decisions. 1428.
https://ir.lawnet.fordham.edu/housing_court_all/1428
