Case Type

Holdover-Breach of Lease

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

153494/2016

Slip Opinion Number

31135(U)

Petitioner

ADAM SCHER; JUDITH RENDELL

Respondent

698 D REALTY LLC

Judge

Nock, Louis L.

Decision/Order Date

2024-04-04

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In a holdover-breach of lease case, the court ruled in favor of the landlord, dismissing the tenant's claim for a declaration that the apartment is rent stabilized, acknowledging the proper means of calculating rent overcharge per recent Court of Appeals decisions. The court declared the lawful stabilized rent and granted the landlord's motion for summary judgment on various claims, while denying the tenant's cross-motion for summary judgment.

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