Case Type
Non-payment
Housing Type
Co-op
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 321107/24
Slip Opinion Number
2025 NY Slip Op 34550(U)
Petitioner
HELLMUTH OWNERS CORP.
Respondent
DAPHNE RECANTI KAPLAN, THOMAS KAPLAN, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-12-05
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this nonpayment proceeding for a co-op, the landlord moved to dismiss tenant's counterclaims and affirmative defenses, and the tenant cross-moved for discovery. The court largely granted the landlord's motion, severing many counterclaims (including monetary damages, injunctive, and declaratory relief) without prejudice due to Housing Court's limited subject matter jurisdiction. Several affirmative defenses were also dismissed without prejudice for being insufficiently pleaded or devoid of merit. However, the tenant's constructive eviction counterclaim was allowed to proceed. The tenant's motion for discovery was denied as overly broad.
Keywords
Defenses And Counterclaims Dismissed For Lack of Subject Matter Jurisdiction; Jurisdiction of Housing Court; Injunctive Relief; Affirmative Defenses Dismissed Because Devoid Of Merit; Discovery Demand Overly Broad, Not Narrowly Tailored; Motion For Discovery Denied
Recommended Citation
"Hellmuth Owners Corp. v. Kaplan" (2025). All Decisions. 2063.
https://ir.lawnet.fordham.edu/housing_court_all/2063
