Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-317549-25/BX
Slip Opinion Number
2026 NY Slip Op 50601(U)
Petitioner
191 Street LLC
Respondent
Reinaldo Roa, Gloria Roa
Judge
Lutwak, Diane E.
Decision/Order Date
2026-04-28
Posture
Post-judgment Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding, the landlord filed a motion to reargue the court's post-trial decision that had awarded the tenants a significant rent abatement for breach of the warranty of habitability due to insufficient heat and elevator service. The court denied the landlord's motion, finding it was procedurally improper under CPLR § 2221 for rearguing a trial decision. Even if considered under CPLR § 4404(b), the motion was untimely and lacked merit, as the trial decision was not "palpably wrong" and was supported by the tenants' credited testimony and evidence, which the landlord failed to refute. The court upheld its prior per diem abatement calculation.
Keywords
Rent Abatement After Trial; Per Diem Formula; Motion to Reargue Trial Court Decision Improper
Recommended Citation
"191 Street LLC v. Roa" (2026). All Decisions. 2184.
https://ir.lawnet.fordham.edu/housing_court_all/2184
