Case Type
Non-payment
Housing Type
Condominium
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-318922-24/BX
Slip Opinion Number
2025 NY Slip Op 51391(U)
Petitioner
PPC Residential LLC
Respondent
Sharday Urtarte
Judge
Lutwak, Diane E.
Decision/Order Date
2025-09-03
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding where the petition was dismissed, the court denied the landlord's motion to dismiss the tenant's counterclaims. The court held that the counterclaims, which alleged **breach of the warranty of habitability**, survived the dismissal of the petition because the amended answer containing them had been deemed filed prior to the dismissal. The court also denied the landlord's request for an extension of time to file a reply, finding they failed to provide a reasonable excuse for the delay. The court, however, did grant the landlord's motion to join the condominium board as a necessary party, to determine liability at trial.
Keywords
Adjudication of Counterclaims after Petition Dismissed; Breach of Warranty of Habitability; Time to Reply to Counterclaims; Joinder
Recommended Citation
"PPC Residential LLC v. Urtarte" (2025). All Decisions. 1941.
https://ir.lawnet.fordham.edu/housing_court_all/1941
