Case Type

Other

Housing Type

Other

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

SC-001733-23/NY

Slip Opinion Number

2024 NY Slip Op 24323

Petitioner

Eli Bogom-Shanon

Respondent

Joseph A Altman

Judge

Zellan, Jeffrey S

Decision/Order Date

2024-12-23

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this Small Claims Court case, the tenant, a former resident of the landlord's property, brought a claim against the landlord. The landlord moved to dismiss for lack of personal and subject matter jurisdiction. The court denied the motion. While the statute initially appeared to limit jurisdiction to current tenants, the court considered the legislative history and found that the statute was intended to include former tenants in landlord-tenant disputes. The court emphasized the importance of legislative intent and the need to avoid an absurd result in interpreting the statute.

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