Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-311617-24/NY
Petitioner
WEST END AVENUE EQUITIES, LLC
Respondent
IRALMA OSORIO SORONDO, "JOHN DOE", "JANE DOE"
Judge
Meyers, Adam R.
Decision/Order Date
2025-10-08
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this non-payment proceeding, the court issued a mixed decision on cross-motions. The landlord's motion to strike several of the tenant's affirmative defenses was partially granted (striking four defenses and one counterclaim) and partially denied (preserving others, including rent-stabilization and overcharge claims). The landlord's request for use and occupancy was denied, but the petition was allowed to be amended to date. The tenant's motion for discovery on the apartment's regulatory status and overcharge claim was granted, as an unexplained rent increase raised a question of fact about the rent history's reliability, enabling a deeper review.
Keywords
Motion to Stike Defenses Partially Granted – Motion to Amend Petition Granted – Discovery Granted on Regulatory Status – Affirmative Defense for Failure to State Cause of Action under RPAPL § 741(4) Must Specify Particular Defects in Petition
Recommended Citation
"WEST END AVENUE EQUITIES, LLC v. OSORIO-SORONDO" (2025). All Decisions. 1990.
https://ir.lawnet.fordham.edu/housing_court_all/1990
