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.
Recommended Citation
"245 E. 25th Realty Corp. v. Leone" (2024). All Decisions. 1629.
https://ir.lawnet.fordham.edu/housing_court_all/1629