"Kings Vil. Corp. v. Pascal"
 

Case Type

Non-payment

Housing Type

Co-op

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

L&T 310719-24/KI

Petitioner

Kings Village Corp. c/o Akam Associates, Inc.

Respondent

Sharon Pascal, John Doe, Jane Doe

Judge

Ortiz, Javier E.

Decision/Order Date

2025-06-04

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The court granted the tenant's motion to dismiss the nonpayment petition, finding the rent demand defective due to the inclusion of substantial lump-sum charges lacking specific periods of accrual. While the court noted that fees and non-rent charges are permissible in co-op nonpayment cases if allowed by the proprietary lease, the large "Prior Agent" lump sums for maintenance, assessment, and parking rendered the demand insufficient to "fairly appraise" the tenant of the arrears, thus undermining the proceeding. The dismissal was without prejudice.

Keywords

Coop; Defective Rent Demand; Fees and Non-Rent Charges; Lump Sum Charges

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