Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-332465-24/KI

Slip Opinion Number

2025 NY Slip Op 50607(U)

Petitioner

Hart Property Services LLC

Respondent

Lilmattee Jackhan et al.

Judge

Ortiz, Javier E.

Decision/Order Date

2025-04-22

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this rent-stabilized nonpayment proceeding, tenant moved for summary judgment seeking dismissal based on a prior action pending, lack of standing under LLC Law §206, and the absence of a valid lease. While the court rejected the first two arguments "finding no duplicative proceeding and holding that the foreign LLC's filing deficiencies were curable under LLC Law §802" the court granted dismissal due to the absence of privity of contract. The alleged renewal lease was unsigned by any landlord and still listed the prior owner. Without a fully executed lease, there was no binding rental agreement at the time of filing, defeating landlord's claim for rent. Practice Note: Foreign LLCs can cure filing defects mid-action, but rent demands must be anchored in valid, signed lease agreements.

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