Case Type

Holdover-Breach of Lease

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

150038/2022

Petitioner

Stephanie Handley and John J. Sayers III

Respondent

BH Properties NYC, LLC and 353 West 51st St., LLC

Judge

Latin, Richard

Decision/Order Date

2024-03-27

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this holdover-breach of lease case, defendants moved for various relief including striking plaintiffs’ causes of actions, summary judgment, and a money judgment for rent owed. Plaintiffs opposed, arguing procedural defects and challenging the validity of the subject unit's legality and rent-stabilized status. The court held that defendants' failure to submit a statement of undisputed material facts did not render their motion defective. It also determined that plaintiffs' rent regulation cause of action was not barred by res judicata. Defendants' motion for summary judgment was granted, dismissing several causes of action including those seeking a declaratory judgment on the unit's legality and rent stabilization. The court found the subject unit legal and non-rent stabilized. Plaintiffs' claims regarding rent stabilization were dismissed as defendants established the unit's proper deregulation. The court also dismissed plaintiffs' remaining causes of action and granted defendants' counterclaims for rent owed. The issue of attorney’s fees was referred to a Special Referee.

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