Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
L&T 342117/23
Slip Opinion Number
2025 NY Slip Op 33116(U)
Petitioner
OLR MM, LP
Respondent
LESLIE LARUE
Judge
Miller, Kisha L.
Decision/Order Date
2025-08-04
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's nonpayment petition, citing two independent grounds. First, the landlord failed to serve the mandatory VAWA notice and certification form with the predicate notice, a fatal defect because the building is part of a federally covered housing program. Second, the court applied the doctrine of **judicial admission**, finding that the landlord's subsequent holdover petition, which stated that the tenant owed **no rent** through a date after the nonpayment was filed, was a binding admission that negated a critical element of the current petition. The case was restored to the calendar for a trial on the tenant's counterclaims.
Keywords
Judicial Admission in holdover that tenant did not owe any rent; Petition dismissed for failure to serve VAWA notice
Recommended Citation
"OLR MM, LP v. Larue" (2025). All Decisions. 1927.
https://ir.lawnet.fordham.edu/housing_court_all/1927
