Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-082870-19/KI
Slip Opinion Number
2026 NY Slip Op 32146(U)
Petitioner
Hill Plaza Enters. NY LLC
Respondent
Magdalene Terris
Judge
Bacdayan, Karen M.
Decision/Order Date
2026-07-14
Posture
Post-Judgment Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Court granted tenant's motion for a discretionary stay of the proceeding pending appeal under CPLR 5519(c), allowing tenant to challenge a prior decision denying summary judgment on her rent overcharge and fraudulent deregulation counterclaims. Court found minimal prejudice to landlord because the underlying nonpayment petition had already been dismissed, while potential prejudice to tenant from proceeding without resolution of the appeal was manifest.
Keywords
Discretionary Stay Pending Appeal Granted Under CPLR 5519(c) – Landlord Failed to Show it Would be Prejudiced By Stay While Tenant Appeals Denial of Summary Judgment Motion on Overcharge and Fraudulent Deregulation Counterclaims
Recommended Citation
"Hill Plaza Enters. NY LLC v. Terris" (2026). All Decisions. 2368.
https://ir.lawnet.fordham.edu/housing_court_all/2368
