Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-332414-23/BX
Slip Opinion Number
2024 NY Slip Op 33222(U)
Petitioner
Bronx 1134 West Farm Road LP
Respondent
Winger Arriaga
Judge
Gurung, Rina
Decision/Order Date
2024-09-17
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant in Part, Denied in Part
Winner
Tenant Substantially Won
Synopsis
The tenant in a rent-stabilized apartment sought to amend their answer to raise warrant of habitability and overcharge defenses. The landlord opposed the overcharge defense. The court granted the tenant's motion to amend to include the warrant of habitability defense but denied the motion to include the overcharge defense. The court found that the tenant failed to adequately plead the existence of a fraudulent scheme to deregulate the apartment.
Recommended Citation
"Bronx 1134 W. Farm Rd. LP v. Arriaga" (2024). All Decisions. 1619.
https://ir.lawnet.fordham.edu/housing_court_all/1619
