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-319026-22/KI
Slip Opinion Number
2024 NY Slip Op 50312(U)
Petitioner
Himrod St. Assoc., L.P.
Respondent
Shaquana Andrews
Judge
Basu, Shantonu J.
Decision/Order Date
2024-03-21
Posture
Post-judgment Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In a non-payment case settled with a payment agreement, the tenant's government agency (HRA) sent checks to the landlord, but one went missing. The court ruled the landlord couldn't evict the tenant for the missing amount because it likely went to someone with access to the landlord's checks. Even though the payee (landlord) usually bears the risk of internal fraud, the court considered the hardship of eviction and the government agency's resources for investigating the missing funds.
Recommended Citation
"Himrod St. Assoc., L.P. v. Andrews" (2024). All Decisions. 1438.
https://ir.lawnet.fordham.edu/housing_court_all/1438
