Case Type
Non-payment
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
307665-21
Petitioner
Paul Gentles
Respondent
Donna Day, Radika Dass, John Doe, Jane Doe
Judge
Cohen, Hannah
Decision/Order Date
2023-09-21
Posture
Other
Disposition
Motion Denied
Winner
Landlord substantially won
Synopsis
In this non-payment proceeding, the court denied respondent's motion seeking dismissal based on lack of a lease and privity of contract. Despite the absence of a written lease, the court found a landlord-tenant relationship existed due to the acceptance of ERAP benefits by the landlord and the tenant's continued occupancy. Respondent's objections to jurisdiction and failure to serve a thirty-day notice were waived by their participation in the case without objection earlier. The court restored the case for trial or settlement, holding that ERAP benefits constituted a binding agreement akin to a lease.
Recommended Citation
"Gentles v. Day" (2023). All Decisions. 1483.
https://ir.lawnet.fordham.edu/housing_court_all/1483
