Case Type

HP

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

162094/2023

Slip Opinion Number

2024 NY Slip Op 33232(U)

Petitioner

245 E. 25th Realty Corp.

Respondent

Dino Leone and Mallory Leone

Judge

Nock, Louis L.

Decision/Order Date

2024-09-12

Posture

Post-answer Motion by Landlord

Disposition

Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

The landlord sought a preliminary injunction to compel the tenant to allow access to the apartment for shower repairs. The tenant opposed the motion, arguing that the shower had been repaired multiple times and that the landlord had failed to demonstrate a clear right to mandatory injunctive relief. The court denied the landlord's motion, finding that the landlord had not met its burden of proof and that the tenants were willing to cooperate with further repairs. The court ordered the parties to hire a plumber to inspect the shower and report back to the court.

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