Case Type
Other
Housing Type
Co-op
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
153587/24
Slip Opinion Number
2026 NY Slip Op 00312
Petitioner
Lissie Carrasquillo
Respondent
303 West 122nd Street Housing Development Fund Corporation
Judge
Moulton, Mendez, Rodriguez, Rosado, Hagler
Decision/Order Date
2026-01-27
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Division affirmed the denial of the tenant's motion for a preliminary injunction to prevent the sale of co-op shares or termination of the proprietary lease. The court found the tenant failed to demonstrate a likelihood of success on the merits, primarily by not proving the landlord breached the warranty of habitability; cited violations were largely corrected, and the tenant denied access for repairs. Furthermore, the notice to cure was deemed valid. As the tenant defaulted on the loan agreement, the landlord was permitted under UCC § 9-610[a] to sell the shares or terminate the lease.
Keywords
Preliminary Injunction Denial Upheld; Plaintiff Failed to Demonstrate Success on the Merits; Defendant-Lender Was Permitted Under UCC § 9-610[a] To Sell Shares and/or Terminate Proprietary Lease
Recommended Citation
"Carrasquillo v. 303 W. 122nd St. Hous. Dev. Fund Corp." (2026). All Decisions. 2088.
https://ir.lawnet.fordham.edu/housing_court_all/2088
