Case Type

Non-payment

Housing Type

Mitchell-Lama

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 66616/14

Petitioner

INWOOD GARDENS, INC.

Respondent

CHARLES UDOH

Judge

ARRINDELL, TRAVIS J.

Decision/Order Date

2023-10-10

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this non-payment proceeding, the landlord sought $12,011.92 in rental arrears but was awarded only $5,329.72 after trial. The court determined that surcharges related to late income certification do not constitute rent and therefore cannot be included in a non-payment claim. As the landlord did not prevail on key claims and received less than half of the amount sought, they were deemed not to be a prevailing party, resulting in the denial of their motion for attorney's fees and the quashing of the tenant's subpoena.

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