Case Type
Other
Housing Type
Other
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
452906/2024
Petitioner
Pedro Sales, Rodrigo Candia, Melchor Galindo, Jairo Ramirez, Daniel Lopez
Respondent
Alminda Justiniano, Justal Realty Group, Inc
Judge
Crawford, Ashlee
Decision/Order Date
2025-05-07
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Keywords
In this action for injunctive relief, tenants moved by OSC for a preliminary injunction to compel repairs, cease repair-related harassment, and address ongoing violations in a building lacking a valid certificate of occupancy. The landlord opposed. The court granted all prongs of the motion, citing a likelihood of success on the merits, irreparable harm due to deteriorating conditions, and a balance of equities favoring the tenants. The landlord was ordered to coordinate access for inspections and repairs, cease harassing conduct, and comply with HPD and DOB mandates. The court also maintained an existing rent escrow due to the building’s lack of C of O, requiring monthly accountings. Practitioners should note that refusal to repair during litigation may constitute actionable harassment and that injunctions may issue to maintain the functional status quo where the absence of essential services threatens tenant well-being.
Recommended Citation
"Sales v. Justiniano" (2025). All Decisions. 1788.
https://ir.lawnet.fordham.edu/housing_court_all/1788
