Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-314905-24/NY

Petitioner

Pitt Street LP

Respondent

Ronnie Weatherly

Judge

Ortiz, Frances A.

Decision/Order Date

2026-02-02

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

A landlord's non-payment petition was dismissed at trial due to the landlord's failure to present a prima facie case, specifically lacking certified DHCR apartment registration proof. The landlord moved to vacate the dismissal, arguing it could cure the evidentiary defect and requesting an adjournment. The court denied the motion, finding the original dismissal justified, particularly given the unique circumstance of the tenant's incarceration which caused significant effort for their production. Granting an adjournment would have severely prejudiced the tenant, and the court found the landlord's lack of readiness for trial inexcusable.

Keywords

Trial Decision to Dismiss Because Petitioner Failed to Provide Proof of Prima Facie Case Undisturbed; Production of an Incarcerated Party Presents a Unique Circumstance Where Adjournment Request Could be Denied

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