Case Type
Holdover-Licensee
Housing Type
Rent Controlled
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570780/25
Slip Opinion Number
2025 NY Slip Op 51468(U)
Petitioner
317 West 89th Street LLC
Respondent
Virginia Bell, "John Doe", "Jane Doe"
Judge
Brigantti, Tisch, James
Decision/Order Date
2025-09-18
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this licensee holdover proceeding, the Appellate Term, First Department, affirmed a Civil Court order denying the landlord's motion to strike the tenant's jury demand. The court held that a jury trial is appropriate where the tenant's counterclaims for harassment and discrimination seek only money damages, making the relief sought legal, not equitable, in nature. The tenant's appeal concerning the striking of her affirmative defenses was deemed abandoned. This decision establishes that counterclaims for monetary damages in a holdover proceeding, even if tied to harassment or discrimination, warrant a jury trial.
Keywords
Motion to Strike Jury Demand Denied ; Jury Trial Appropriate Where Relief Sought Is Monetary Only ; Jury Trial Appropriate Where Relief Sought Is Legal, Not Equitable, In Nature
Recommended Citation
"317 W. 89th St. LLC v. Bell" (2025). All Decisions. 1961.
https://ir.lawnet.fordham.edu/housing_court_all/1961
