Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-317441-25/QU

Slip Opinion Number

2026 NY Slip Op 51250(U)

Petitioner

Cosmopolitan Associates II, LLC

Respondent

Ruben Milan

Judge

Thermos, Kimon C.

Decision/Order Date

2026-08-11

Posture

Post-Answer Motion by Landlord

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding involving a rent-stabilized apartment, Respondent moved to amend his answer to add overcharge defenses and counterclaims and to conduct discovery. The court granted the motion in part, permitting Respondent to add defective registration and overcharge claims dating to 2006 based on a colorable fraud indicia, and granted limited discovery, but denied the claim for discovery predating 2006 and certain other relief.

Keywords

Rent Overcharge; Motion for Leave to Amend Answer and Seek Discovery on Rent Overcharge Counterclaims Granted in Part and Denied in Part; Fraudulent Scheme to Deregulate Sufficiently Pled

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