Case Type
Non-payment
Housing Type
Co-op
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 303841/21
Slip Opinion Number
2024 NY Slip Op 24169
Petitioner
Thomas Jefferson Owners Corp.
Respondent
Igor Lokshin, "JOHN DOE", "JANE DOE"
Judge
Guthrie, Clinton J.
Decision/Order Date
2024-06-10
Posture
Post-answer Motion by Landlord
Disposition
Motion Denied
Winner
Tenant Substantially Won
Synopsis
In this co-op non-payment proceeding, landlord sought to amend the petition to include additional fees post-amendment of RPAPL § 702, which was denied due to lack of retroactive applicability. The court also denied landlord's request for use and occupancy under RPAPL § 745, finding insufficient grounds under the statute. The case highlighted statutory interpretation regarding the recovery of fees in summary proceedings and the strict application of statutory timelines for granting use and occupancy. Ultimately, the tenant prevailed in resisting landlord's motions, shaping procedural outcomes under co-op housing regulations and landlord-tenant law.
Recommended Citation
"Thomas Jefferson Owners Corp. v. Lokshin" (2024). All Decisions. 1589.
https://ir.lawnet.fordham.edu/housing_court_all/1589
