Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

301575/2022

Slip Opinion Number

2025 NY Slip Op 50676(U)

Petitioner

400 W 59th St Partners LLC

Respondent

James Wyse

Judge

Stoller, Jack

Decision/Order Date

2025-04-29

Posture

Post-answer Motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

In this nonpayment case, the tenant challenged the landlord’s claims based on ERAP acceptance, lack of a valid lease for a gap period, laches, and estoppel. The court held that the ERAP payment created a one-year statutory bar beginning October 2024 and that the absence of a lease from June 2022 to December 2024 voided rent claims for those months. It credited the laches defense for pre-petition arrears (Dec 2020–Feb 2021) but rejected estoppel, finding no misleading conduct by landlord. The court awarded the landlord a final judgment for $16,370.27 and a separate money judgment of $7,015.83. Practitioners should note the limitations ERAP acceptance imposes on future proceedings and the strict lease-based requirement for rent recovery in nonpayment cases involving rent-stabilized tenants.

Download

Takedown Policy

Share

COinS