Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
312381/2024
Slip Opinion Number
2025 NY Slip Op 51088(U)
Petitioner
62-60 99th Street Owner II, LLC
Respondent
Konstansa Bobchev & Yordan Bobchev, "John Doe" & "Jane Doe"
Judge
IBRAHIM, SHORAB
Decision/Order Date
2025-06-24
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a non-payment proceeding, the court granted the tenant's motion for leave to amend her answer and for discovery. The court held that the landlord failed to prove prejudice or that the amendments were without merit, especially since the tenant was previously pro-se. The court granted discovery on the tenant's fraudulent deregulation and rent overcharge counterclaim, finding a "totality of the circumstances" indicating a fraudulent scheme. This conclusion was supported by a 140% rent increase from the last registered rent-stabilized tenant, a gap in registrations, an unexplained re-entry into rent stabilization, and a post-HSTPA rent increase of over 20%.
Keywords
Leave to Amend Answer Granted; Discovery Granted on Fraudulent Deregulation & Rent Overcharge Counterclaim
Recommended Citation
"62-60 99th St. Owner II, LLC v Bobchev" (2025). All Decisions. 1907.
https://ir.lawnet.fordham.edu/housing_court_all/1907
