Case Type
Holdover-Lease Expiration
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
309008/2024
Slip Opinion Number
2025 NY Slip Op 51757(U)
Petitioner
Severiano Ramirez
Respondent
Jorge Garcia, "John Doe", "Jane Doe"
Judge
Ibrahim, Shorab
Decision/Order Date
2025-11-05
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this nonrenewal of tenancy holdover proceeding, the landlord moved to strike the tenant's jury demand. The court granted the landlord's motion, holding that the tenant waived the right to a jury trial by asserting counterclaims seeking equitable relief, including a declaratory judgment to permanently reduce future rent from $1,300 to $725 and overcharge damages. The court found that the rent adjustment counterclaim was equitable in nature and not merely incidental to the demand for monetary damages, thus triggering a waiver of the jury trial right under CPLR § 4101.
Keywords
Nonrenewal of Tenancy; RPL § 226-c; Motion to Strike Jury Demand Granted; Tenant Waives Jury Trial by Asserting Counterclaims for Equitable Relief Related to Landlord’s Underlying Claim
Recommended Citation
"Ramirez v. Garcia" (2025). All Decisions. 2038.
https://ir.lawnet.fordham.edu/housing_court_all/2038
