Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-322414-23/BX
Petitioner
Park View Bay LLC
Respondent
Carmelo L. Morales
Judge
Tovar, Bryant
Decision/Order Date
2024-10-07
Posture
Post-judgment Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this non-payment proceeding, the court corrected a prior error by granting Tenant's motion to reargue Judge Hahn's previous denial of the respondent's motion to dismiss. Upon reargument, this court dismissed the case based on the undisputed fact that no lease was in effect when the non-payment proceeding began, referencing Fairfield Beach 9th, LLC v. Shepard-Neely. Tenant Respondent argued that the petitioner sought rent for a period after the rent-stabilized lease had expired. While some First Department courts have indicated that a non-payment case could be maintained despite the absence of a lease at the time of commencement, Judge Tovar focused on the clear absence of a lease, stating previous order lacked factual and legal justification.
Recommended Citation
"Park View Bay LLC. v. Morales" (2024). All Decisions. 1663.
https://ir.lawnet.fordham.edu/housing_court_all/1663
