Case Type
Non-payment
Housing Type
HDFC
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
334261/2022
Slip Opinion Number
2024 NY Slip Op 50681(U)
Petitioner
Banana Kelly Prospect HDFC.
Respondent
Bornarabia Banks
Judge
Ibrahim, Shorab
Decision/Order Date
2024-06-07
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this case, Banana Kelly Prospect HDFC initiated a non-payment summary proceeding against tenant Banks, which was settled by stipulation requiring repairs prior to rent payment. Dispute arose when Banks alleged non-compliance with repair terms, prompting a motion for contempt by Banks. The court ruled on proper service and the requirement of clear and unequivocal orders for contempt, ultimately denying Banks' motion due to the order's ambiguity and lack of clear mandate on repair deadlines, affirming that willfulness is not a prerequisite for civil contempt under New York law.
Recommended Citation
"Banana Kelly Prospect HDFC. v. Banks" (2024). All Decisions. 1563.
https://ir.lawnet.fordham.edu/housing_court_all/1563
