Hobbs Ciena Associates, LP v. Baum

Synopsis

This case will be helpful for readers because it contributes to the laches doctrine in New York City. Here, Hon. Golden holds that the petitioner unreasonably delayed in bringing a nonpayment claim where they failed to demonstrate that the court’s COVID measures, the respondent’s ERAP application, and an alleged failure to sign a lease prevented them from putting the respondent on notice about, and commencing, a nonpayment claim. Moreover, it affirms that the petitioner waived their right to collect rent monies for the 12 months that the respondent’s provisional ERAP approval covered. As a result, Hon. Golden granted partial summary judgment in favor of respondent tenant, severing over five years worth of alleged arrears from the claim, 12 months of which were waived.