"West 144 Cluster LLC v. Victorino"
 

Case Type

Non-payment

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 300899/24

Slip Opinion Number

2025 NY Slip Op 50308(U)

Petitioner

West 144 Cluster LLC

Respondent

Juliana Victorino, JOHN DOE, JANE DOE

Judge

Guthrie, Clinton J.

Decision/Order Date

2025-03-07

Posture

Post-answer Motion by Tenant

Synopsis

In this nonpayment case, the tenant's motion to dismiss based on defective service was denied. The court found the tenant waived the defense by not raising it in the original answer and rejected the motion to amend to include the defense. Additionally, the tenant's summary judgment motion based on a laches defense was denied for lack of sufficient proof of unreasonable delay or prejudice. The tenant's motion to amend the answer to add other defenses was granted except for the personal jurisdiction defense, which was stricken.

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