Case Type
Other
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 300464/22
Slip Opinion Number
2026 NY Slip Op 30441(U)
Petitioner
165 EAST 35TH STREET LLC
Respondent
SARA GROSS a/k/a SARA R. GROSS, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton, J
Decision/Order Date
2026-02-02
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The court considered the landlord's motion for a money judgment for unpaid use and occupancy and the tenant's cross-motion to modify a prior use and occupancy order. The court denied the landlord's request for a money judgment, holding that the amended RPAPL § 745 eliminated this remedy, leaving an immediate trial as the sole penalty for non-payment. However, the court granted the tenant's cross-motion, modifying the use and occupancy obligation to 30% of her monthly public assistance cash benefit, effective October 2025, pursuant to RPAPL § 745(2)(c)(i). The proceeding was restored for discovery.
Keywords
Unpaid Use and Occupancy; No Money Judgment Available Under Amended RPAPL § 745; Only Remedy is Immediate Trial; Recipients of Cash Assistance are Obligated to pay 30% of Monthly Public Benefit
Recommended Citation
"165 E. 35th St. LLC v. Gross" (2026). All Decisions. 2149.
https://ir.lawnet.fordham.edu/housing_court_all/2149
