Case Type
Holdover-Non-payment
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-320376-23/NY
Petitioner
309E75 Stone LLC
Respondent
Michael Ramos, John Doe and Jane Doe
Judge
Gonzalez, Alberto M.
Decision/Order Date
2024-06-14
Posture
Post-answer Motion by Respondent, Post-answer Motion by Petitioner
Disposition
Motion for discovery granted for Respondent, Motion to strike defenses denied for Respondent, Motion for summary judgment denied for Petitioner
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a non-payment proceeding against the tenant based on the tenant's alleged default on rent for a market rate apartment. The tenant argued that the apartment was illegally deregulated and the landlord is charging an illegal rent. The court granted the tenant's motion for discovery to allow them to investigate their claims. The court also denied the landlord's motions to strike the tenant's defenses and for summary judgment. The court found that there are triable issues of fact concerning the apartment's regulatory status and fraud.
Recommended Citation
"309E75 Stone LLC v. Ramos" (2024). All Decisions. 1611.
https://ir.lawnet.fordham.edu/housing_court_all/1611
