Case Type
Non-payment
Housing Type
Other
Court
Supreme Court, Appellate Term, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-927 K C
Slip Opinion Number
2025 NY Slip Op 51975(U)
Petitioner
BMRE Capital, LLC
Respondent
Kamesha Howell, John Doe, Rachael King
Judge
Toussaint, Wavny, P.J.; Mundy, Marina, C.; Quiñones, Joanne, D.
Decision/Order Date
2025-12-05
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In a nonpayment proceeding, an occupant moved to be restored to possession after a default judgment and eviction. The Civil Court granted the motion conditionally upon payment of $34,230 in arrears. On appeal, the occupant argued restoration should not be conditioned on payment due to repair issues. The Appellate Term affirmed, noting the occupant did not raise repair allegations below and, crucially, an occupant not a party to the lease lacks standing to assert a warranty of habitability defense. The condition of payment for restoration was upheld.
Keywords
Restoration Conditioned Upon Payment of Arrears; Post-Eviction; Occupant Not Party To Lease Does Not Have Standing To Assert Warranty Of Habitability
Recommended Citation
"BMRE Capital, LLC v. Howell" (2025). All Decisions. 2058.
https://ir.lawnet.fordham.edu/housing_court_all/2058
