Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
316262/2022
Slip Opinion Number
2025 NY Slip Op 51103(U)
Petitioner
Central Astoria, LLC
Respondent
Mohammad Choudhury, Rubina Choudhury, and Labiba Choudhury
Judge
Ibrahim, Shorab
Decision/Order Date
2025-07-14
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment case, the court granted the tenant's motion to amend her answer to include a succession claim and challenge the legal rent. The court found the amendment should be freely granted as it wouldn't prejudice the landlord. However, the court denied the tenant's motion for summary judgment, holding that a rent overcharge claim is not a standalone defense in a nonpayment proceeding until succession rights are established. The case was accordingly set for trial to first determine the succession issue.
Keywords
Motion to amend answer freely granted; Succession not a per se defense to nonpayment; Successor in waiting may challenge alleged rent; Rent overcharge claim can only be raised after succession rights established
Recommended Citation
"Central Astoria, LLC v. Choudhury" (2025). All Decisions. 1905.
https://ir.lawnet.fordham.edu/housing_court_all/1905
