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-315079-25/NY
Petitioner
St. Nicholas Manhattan Realty Corp.
Respondent
Toribio Cueves, Maria Cuevas
Judge
Golden, Tashanna B.
Decision/Order Date
2026-03-30
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a nonpayment proceeding against the tenant for a rent-stabilized apartment. The tenant filed a pro se answer and later, with counsel, moved to amend the answer and for summary judgment, arguing the predicate 14-day rent demand was defective. The tenant contended the demand listed improper amounts and failed to credit DSS shelter payments. The court granted the unopposed motion to amend and then granted summary judgment to the tenant, dismissing the petition. The court found the rent demand defective as it failed to meet the standard required by RPAPL § 711, emphasizing that a proper rent demand is a non-amendable condition precedent to a nonpayment proceeding.
Keywords
Defective Rent Demand; Nonpayment Petition Dismissed Because Rent Demand Failed to Properly Credit Earmarked HRA/DSS Rent Payments
Recommended Citation
"St. Nicholas Manhattan Realty Corp. v. Cuevas" (2026). All Decisions. 2166.
https://ir.lawnet.fordham.edu/housing_court_all/2166
