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
LT-315351-24/NY
Petitioner
162-164 EAST 82ND APTS LLC
Respondent
ROE GARRIDO; "John" "Doe"; "Jane" "Doe"
Judge
BLINOVA, YEKATERINA
Decision/Order Date
2025-07-03
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The tenant moved for partial summary judgment on a laches defense in a non-payment proceeding, seeking to preclude a possessory judgment for arrears from 2020 to January 2023. The court found that the landlord's four-year delay in bringing the case was unexplained and that the landlord failed to provide proof of prior notice to the tenant for the arrears. The court also recognized prejudice to the tenant, a long-term resident, who would be unable to pay the large sum. Accordingly, the court granted the motion, barring the landlord from seeking a possessory judgment for any arrears before November 2022, but not precluding a monetary judgment.
Keywords
Laches; Prior Case; COVID-19 Arrears
Recommended Citation
"162-164 EAST 82ND APTS LLC v. GARRIDO" (2025). All Decisions. 1906.
https://ir.lawnet.fordham.edu/housing_court_all/1906
