Case Type
Non-payment
Housing Type
Unregulated
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 305772-24
Slip Opinion Number
2024 NY Slip Op 33998(U)
Petitioner
Joseph Rodrick Hess
Respondent
ERIKA PINILLOS, et al.
Judge
Schiff, Logan J.
Decision/Order Date
2024-11-01
Posture
Post-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to dismiss the landlord's nonpayment proceeding. The court found that the landlord's petition failed to adequately plead the existence of a rental agreement between the parties at the time the proceeding was commenced. The court determined that the mere tender of HRA shelter payments after the expiration of the lease was insufficient to establish a month-to-month tenancy for purposes of a nonpayment proceeding.
Recommended Citation
"Hess v. Pinillos" (2024). All Decisions. 1697.
https://ir.lawnet.fordham.edu/housing_court_all/1697
