Case Type
Non-payment
Housing Type
Not Given
Court
Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570120/24
Slip Opinion Number
2024 NY Slip Op 51301(U)
Petitioner
Four Thirty Realty LLC
Respondent
Annette Kamal
Judge
Hagler, P.J., Brigantti, Tisch, JJ.
Decision/Order Date
2024-09-19
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The tenant appealed the denial of her motion to amend the answer in a nonpayment summary proceeding. The tenant sought to include a set-off and counterclaim based on violations issued by the Department of Buildings. The appellate court reversed the lower court's decision, granting the tenant's motion and deeming the proposed amended answer served and filed. The court found that the landlord failed to show surprise or prejudice and that the proposed amendment was not palpably insufficient or patently devoid of merit.
Recommended Citation
"Four Thirty Realty LLC v. Kamal" (2024). All Decisions. 1624.
https://ir.lawnet.fordham.edu/housing_court_all/1624
