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-308659-25/NY
Petitioner
328 W 49, LLC
Respondent
AIMEE GAYE
Judge
Meyers, Adam R.
Decision/Order Date
2026-04-16
Posture
Post-answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Other
Synopsis
In this nonpayment proceeding, the landlord sought rental arrears. The tenant answered with rent overcharge counterclaims. The court granted the landlord's cross-motion to discontinue the nonpayment petition, noting arrears were paid. However, the tenant's overcharge counterclaims were permitted to proceed. The court also granted the tenant's motion for discovery regarding the unit's rent history, citing a substantial rent jump, registration gaps, and the applicability of *West Pierre Assoc. LLC v Harvey* allowing discovery beyond the base date without proof of fraud, back to the last reliable rent registration in 2003.
Keywords
Overcharge Counterclaims to Proceed; Petitioner's Case-in-Chief Discontinued; Discovery Motion Granted to 2003; Unreliable Rent Registration History
Recommended Citation
"328 W 49, LLC v. Gaye" (2026). All Decisions. 2176.
https://ir.lawnet.fordham.edu/housing_court_all/2176
