Case Type
Holdover-Nonpayment
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
LT-333 843-23/KI
Petitioner
208 Evergreen LLC
Respondent
Fernando Gomez, Wesley Haynes, et al.
Judge
Bacdayan, Karen May
Decision/Order Date
2024-07-23
Posture
Post-answer Motion by Landlord and Tenant
Disposition
Motion Granted for Tenant in Part
Winner
Tenant Substantially Won
Synopsis
The landlord initiated a holdover proceeding against the tenant for nonpayment of rent. The tenant defended the proceeding by asserting a general denial, breach of the warranty of habitability, rent overcharge, and constructive eviction. The court granted the tenant's motion to conduct discovery regarding the rent overcharge claim, but only from 2006 forward. The court also denied the landlord's cross-motion for prospective use and occupancy, finding that the tenant had properly interposed defenses which precluded such an award.
Recommended Citation
"208 Evergreen LLC v. Gomez" (2024). All Decisions. 1615.
https://ir.lawnet.fordham.edu/housing_court_all/1615
