"Federal National Mtg Ass v. Mendez"
 

Case Type

Holdover

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-308145-24/KI

Petitioner

Federal National Mortgage Association

Respondent

Lucas Mendez, et al

Judge

Slutzky, Elyssa O.

Decision/Order Date

2025-02-25

Winner

Tenant Substantially Won

Synopsis

Handwritten Opinion. In this holdover case, the court granted the tenant's motion to dismiss based on the petitioner’s failure to demonstrate that the signatory of the predicate notice had the authority to issue it. However, the court denied the tenant’s request to proceed with counterclaims based on the warranty of habitability, ruling that these counterclaims were not “inextricably linked” to the primary proceeding. The case highlights issues of authority to sign legal notices and the applicability of counterclaims in holdover actions.

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