Case Type
Holdover-Lease Expiration
Housing Type
Co-op
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
160162/2014
Slip Opinion Number
2024 NY Slip Op 34155(U)
Petitioner
322 West 47th Street HDFC
Respondent
Margie Loo, Camille Tibaldeo, Lawrence Guarino, Rafael Perez
Judge
Cohen, David B.
Decision/Order Date
2024-11-26
Posture
Post-answer Motion by Tenant
Disposition
Motion Denied for Tenant
Winner
Landlord Substantially Won
Synopsis
The court denied defendant tenant’s motion for summary judgment, rejecting his claim of collateral estoppel regarding the validity of his proprietary lease. The court found that the issue was not conclusively determined in a prior derivative action involving the HDFC board members, and thus tenant’s lease validity could still be contested. Additionally, Guarino’s request for attorney's fees under RPL § 234 was denied as he was not the prevailing party.
Recommended Citation
"322 W. 47th St. HDFC v. Loo" (2024). All Decisions. 1694.
https://ir.lawnet.fordham.edu/housing_court_all/1694
