Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

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

161629/2023

Slip Opinion Number

2025 NY Slip Op 51933(U)

Petitioner

19 West 89th Street LLC

Respondent

Stephen Cornine

Judge

Lebovits, Gerald

Decision/Order Date

2025-09-09

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this ejectment action, the court granted the landlord's motion for summary judgment, awarding $114,036.68 in use and occupancy and possession of the rent-stabilized apartment. The tenant's various defenses, including claims of a defective rent demand, issues with the landlord's corporate name, an invalid renewal lease, and breach of the warranty of habitability, were all rejected. The court found that the tenant owed rent arrears from February 2018. The tenant's cross-motion to amend the answer to add affirmative defenses and a counterclaim was denied as unmeritorious. The court emphasized that the landlord sought possession due to non-payment, not the tenant's refusal to renew the lease.

Keywords

Ejectment; Landlord Entitled To Summary Judgment, Awarded Use And Occupancy, Possession

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