Case Type
Holdover-Lease Expiration
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
2024-641 Q C
Slip Opinion Number
2025 NY Slip Op 51144(U)
Petitioner
Sadia Home, Inc.
Respondent
Latoya Polite, Dorothea Polite, "John Doe" and "Jane Doe", Undertenants. Lee M. Nigen, Nonparty-Respondent.
Judge
Mundy, J.P.; Ottley, Quinones, JJ.
Decision/Order Date
2025-06-06
Posture
Other
Disposition
Other
Winner
Other
Synopsis
In this holdover proceeding, the court affirmed the denial of the landlord's motion for sanctions against the tenant and their attorney. The landlord argued that the tenant's motion to dismiss, based on res judicata from a prior "without prejudice" dismissal, was frivolous. The court held that while the tenant's motion was indeed meritless, the lower court did not abuse its discretion by denying sanctions because the motion was withdrawn quickly after a brief adjournment and the tenant's counsel was cautioned about their conduct. The court noted that the decision to award sanctions is within the discretion of the trial court.
Keywords
Sanctions Motion Denied Because Meritless Motion was Quickly Withdrawn
Recommended Citation
"Sadia Home, Inc. v. Polite" (2025). All Decisions. 1922.
https://ir.lawnet.fordham.edu/housing_court_all/1922
