Case Type

Non-payment

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-316225-25/KI

Petitioner

AI El Realty Corp

Respondent

Kaye Maquilan

Judge

Bacdayan, Karen May

Decision/Order Date

2026-06-25

Posture

Post-Answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the court granted tenant's motion for an interim order to correct on landlord's default. There were 68 open HPD violations — 19 Class A, 26 Class B, and 23 Class C — in the apartment, plus 5 Class B common-area violations. Landlord failed to interpose any cognizable defense. Failure to gain access is not a defense to an order to correct, per D'Agostino v Forty-Three E. Equities Corp., 12 Misc 3d 486 (Civ Ct NY 2006). Corrections ordered within statutory time frames upon first access.

Keywords

Order To Correct; Interim Order To Correct; Open HPD Violations; Failure To Provide Access Is Not A Defense To An Order To Correct

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