Case Type

Non-payment

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-322990-25/BX

Slip Opinion Number

2026 NY Slip Op 32151(U)

Petitioner

Point 2440 Realty LLC

Respondent

Quasar Garcia

Judge

Garland, Christel F.

Decision/Order Date

2026-07-20

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, Respondent moved to dismiss on the ground that the building was occupied in violation of Multiple Dwelling Law § 301 due to HPD violations and a DOB partial vacate order for illegal conversion of the basement. The court granted the motion, finding the building substantially deviated from its certificate of occupancy and that under GVS Properties v. Vargas, the landlord is barred from collecting rent for the entire building.

Keywords

Occupancy in Contravention of the C of O Requires Dismissal

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