Case Type

HP

Housing Type

Other

Court

Appellate Term, Second Department

County

Kings County (Brooklyn)

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

2023-1089 KC

Slip Opinion Number

2026 NY Slip Op 50692(U)

Petitioner

Jieying Pan

Respondent

Ying Ying Chen, Department of Housing Preservation and Development

Judge

Toussaint, Wavny, P.J.; Buggs, Cheree, A.; Quinones, Joanne, D.

Decision/Order Date

2026-03-20

Posture

Other

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

The tenant initiated an HP proceeding alleging harassment and seeking correction of violations, which the Civil Court dismissed after a nonjury trial, determining that the incidents did not constitute harassment and the tenant's actions contributed to the hostile environment. The Appellate Term affirmed this final judgment, emphasizing that substantial deference is owed to the trial court's credibility findings and that the Civil Court's determination was adequately supported by the record. The appellate court found no basis to disturb the lower court's dismissal of the tenant's petition.

Keywords

HP Action; Harassment; Post-Trial Credibility Determinations; Dismissal Affirmed

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