Case Type

Overcharge

Housing Type

Not Stated

Court

Supreme Court, New York County

County

New York County (Manhattan)

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

Not Stated

Slip Opinion Number

2026 NY Slip Op 51384(U)

Petitioner

Gillian R. Harding; Derek De Jong; Adrian De Jong

Respondent

3612 Broadway Partners LLC; Rick Elezi

Judge

Gerald Lebovits, J.

Decision/Order Date

2026-06-12

Posture

Pre-Answer Motion by Landlord

Disposition

Motion Denied for Landlord

Winner

Tenant Substantially Won

Synopsis

Court denies dismissal of the warranty-of-habitability cause of action (RPL §235-b) and the rent overcharge cause of action; 178 open HPD violations including Class C immediately hazardous violations, persistent rodent infestation, stairway railing injury causing hospitalization, and carbon monoxide leak adequately state a WoH claim. Dismissed: quiet enjoyment (no ouster or abandonment alleged), negligence (duplicative of WoH), harassment (no recognized common-law cause of action), tortious interference with real property (not recognized in New York), and all claims against the individual corporate-officer respondent (no specific tortious acts alleged beyond his officer role).

Keywords

Supreme Court; Warranty of Habitability; RPL § 235-b; Motion to Dismiss Complaint Denied; HPD Violations; Class C Violations; Rodent Infestation; Broken Stairway Railing; Carbon Monoxide Leak; 178 Open HPD Violations

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