Case Type
Non-payment
Housing Type
Not Stated
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-312998-25/NY
Slip Opinion Number
2026 NY Slip Op 32133(U)
Petitioner
1627-1635 Amsterdam Ave. LLC
Respondent
John Wolfe; Clayton Williams; Naomi Florin
Judge
Chinea, Daniele
Decision/Order Date
2026-04-14
Posture
Post-Answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted summary judgment dismissing this nonpayment petition because the subject building requires a certificate of occupancy but does not have one. Open Department of Buildings violations served as prima facie evidence of the deficiency, which the landlord did not dispute. Relying on the controlling Court of Appeals precedent in Chazon, LLC v Maugenest, the court dismissed decisions the landlord cited to the contrary as outliers.
Keywords
No Certificate of Occupancy; Summary Judgment Granted Dismissing Petition; DOB Violations are Prima Facie Evidence That Certificate of Occupancy Violations Exist
Recommended Citation
"1627-1635 Amsterdam Ave. LLC v. Wolfe" (2026). All Decisions. 2355.
https://ir.lawnet.fordham.edu/housing_court_all/2355
