Case Type

Holdover-Lease Expiration

Holdover Type

Rent Stabilized (claimed by tenant)

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York (Manhattan)

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

570249/23

Slip Opinion Number

2023 NY Slip Op 51120(U)

Petitioner

Jacin Investors Corporation N.V. and Jacin Investors, LLC

Respondent

Charlotte Von Vogt

Judge

Brigantti, J.P., Tisch, Michael, JJ.

Decision/Order Date

2023-10-23

Posture

Post-answer Motion by Tenant

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

A landlord sued a tenant to evict them for lease expiration. The tenant argued the apartment was rent-stabilized. The court ruled that one of the named landlords lacked legal standing to sue, but the other landlord, Jacin Investors LLC, could proceed. The court also said the issue of rent stabilization should be decided in court, not by an administrative agency. The decision on who won attorney fees was vacated and sent back to a lower court.

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