Case Type

Non-payment

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

320225/2022

Slip Opinion Number

2024 NY Slip Op 33329(U)

Petitioner

Big Apple Corp.

Respondent

Jennifer Merin

Judge

Stoller, Jack

Decision/Order Date

2024-09-16

Posture

Post-answer Motion by Landlord

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

The landlord initiated a nonpayment proceeding against the tenant seeking a money judgment of $30,172.34 and possession of the subject premises. The tenant interposed an answer with a defense and counterclaim of breach of the warranty of habitability. After a trial, the court awarded varying abatements for conditions and reduced tenant's liability to $3,324.82 in rent arrears and awarded judgment to the landlord for eviction once the arrears are paid according to the deadline. The court also ordered the landlord to correct outstanding HPD violations within specified timeframes. The court's decision is noteworthy because it describes standards of evidence.

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