Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-323874-24/KI
Petitioner
756 Williams Ave LLC
Respondent
Frances Abreu; Luis Danielabreu Bautista; John Doe; Jane Doe
Judge
Weisberg, Michael
Decision/Order Date
2025-09-05
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding, the court granted the tenant's motion to dismiss the petition without prejudice, finding it failed to state a cause of action under RPAPL § 711(2). The landlord's rent demand was deemed fatally defective as its alleged monthly rent amounts conflicted with the agreed-upon sums in the parties' written leases. The court dismissed the petition after the landlord repeatedly refused to negotiate a reasonable settlement.
Keywords
Defective Rent Demand; Rent Demand’s Allegation of Monthly Rent Conflicts with the Rent Reflected in the Leases
Recommended Citation
"756 Williams Ave LLC v. Abreu" (2025). All Decisions. 1978.
https://ir.lawnet.fordham.edu/housing_court_all/1978
