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

CV-004322-25/KI

Slip Opinion Number

50048(U)

Petitioner

Lefferts Avenue Ventures LLC

Respondent

Miles F. Keennlyside; SOPHIA K. DUPONT

Judge

Malik, Rena

Decision/Order Date

2026-01-14

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The court addressed a tenant's motion to dismiss a landlord's action for unpaid rent arrears, arguing a three-year statute of limitations for consumer credit transactions under CPLR 214-i. The tenant contended that unpaid rent constituted a consumer credit transaction. The court, however, rejected this argument, distinguishing it from consumer debt under the FDCPA. It ruled that failure to pay rent is a breach of a lease agreement, subject to a six-year statute of limitations for breach of contract, not a consumer credit transaction. Therefore, the tenant's motion to dismiss was denied, allowing the landlord's claim to proceed.

Keywords

Failure to Pay Rent is Not a Consumer Credit Transaction; SOL is not 3 Years Under CPLR 214-i; Failure to Pay Rent is a Breach of Lease

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