Case Type
Non-payment
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570467/24
Slip Opinion Number
2024 NY Slip Op 51706(U)
Petitioner
513 West 150 Gardens LLC
Respondent
Sonia Simmons, "John Doe" and/or "Jane Doe"
Judge
Tisch, J.P., James, Perez, JJ.
Decision/Order Date
2024-12-17
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court affirmed the dismissal of the petition. The court found that the apartment was created through an illegal alteration (combining two apartments). Since the violation issued by the Department of Buildings had not been remedied and the certificate of occupancy was not amended, the landlord was precluded from recovering rent or use and occupancy.
Recommended Citation
"513 W. 150 Gardens LLC v. Simmons" (2024). All Decisions. 1727.
https://ir.lawnet.fordham.edu/housing_court_all/1727
