Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

LT-305376-23/QU

Petitioner

Happiness Idehen, Felix Ogieva

Respondent

Gloria Stoute-Phillip, "John Doe," "Jane Doe"

Judge

Thermos, Kimon, C.

Decision/Order Date

2025-05-21

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The landlord initiated a non-payment proceeding, seeking rent arrears for a period where no rental agreement was in effect for the rent-stabilized apartment. The tenant moved to dismiss pursuant to CPLR 3211(a)(7) and (a)(1), arguing the petition failed to state a cause of action and was unsupported by documentary evidence. The court granted the tenant's motion, citing that a proper rent demand is a statutory prerequisite and the demand was defective as no rent was due under a valid lease for the period claimed, in accordance with *Shepherd-Neely* precedent disallowing month-to-month rent-stabilized tenancies. The court also ordered the landlord's counsel to show cause for sanctions, noting numerous non-existent or irrelevant case citations in their opposition papers.

Keywords

AI; Sanctions; Shepherd-Neely; MTD Granted

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