Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
305434/2020
Petitioner
West 147th Street Equities LLC
Respondent
Jose Pena
Judge
Stoller, Jack
Decision/Order Date
2024-10-21
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord initiated a holdover proceeding on nuisance grounds against tenant for alleged disruptive conduct from fall 2017 through 2020. After trial, tenant moved for a directed verdict, arguing that landlord’s evidence failed to address conduct within the specified period. The court granted tenant’s motion, finding landlord's witnesses’ testimonies either predated or postdated the claimed nuisance period. Case dismissed without prejudice, preserving landlord’s right to pursue claims for conduct outside the fall 2017-2020 timeframe.
Recommended Citation
"West 147th Street Equities LLC v. Pena" (2024). All Decisions. 1656.
https://ir.lawnet.fordham.edu/housing_court_all/1656
