Case Type

HP

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

006366/23

Petitioner

Chaudary R. Ali, et al.

Respondent

Bay 22nd Street Group LLC, Department of Housing Preservation and Development of the City of New York

Judge

Weisberg, Michael L.

Decision/Order Date

2024-10-20

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this HP action, tenants sought dismissal of the landlord’s affirmative defenses after a Department of Buildings order vacated the premises due to disrepair. The court dismissed defenses related to “impossibility” and “structural infeasibility,” finding them inapplicable, and allowed the economic infeasibility defense to remain for trial. The landlord withdrew other defenses, and the case is scheduled for a conference to address next steps.

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