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
LT-300739-25/QU
Petitioner
711 Seagirt Avenue Holdings, LLC
Respondent
Karla Henriquez, et al.
Judge
IBRAHIM, SHORAB
Decision/Order Date
2025-07-07
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Handwritten opinion. In this non-payment case, the landlord filed a petition against the tenant, who moved to dismiss, arguing the rent demand was defective because it did not properly reflect earmarked HRA/DSS payments. The landlord opposed, claiming the tenant failed to provide proof of the earmarked payments. In her reply, the tenant submitted a printout from the city's welfare system showing the payments were earmarked and had been cashed by the landlord. The court, finding the new evidence in the tenant's reply permissible, determined the rent demand was indeed defective and granted the tenant's motion. The court dismissed the case without prejudice.
Keywords
Defective Rent Demand; Earmarked HRA/DSS Payments
Recommended Citation
"711 Seagirt Avenue Holdings, LLC v. Henriquez" (2025). All Decisions. 1908.
https://ir.lawnet.fordham.edu/housing_court_all/1908
