Civil Court of the City of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
310 EAST 4TH STREET HDFC
AWILDA ROOKS, "John Doe" and "Jane Doe"
Thermos, Kimon C.
Post-answer Motion by Tenant
Tenant Substantially Won
Landlord petitioned the court for possession of an apartment, claiming nearly $7,000 in past-due rent. The tenant asked the court, among other things, to dismiss the case for failure to state a cause of action per CPLR section 3211(a)(7) on the grounds that the landlord's demand for rent was not a good faith assertion of the rent due since the apartment was rent regulated and the landlord had failed to file annual rent registrations since 1993. The court granted the tenant's motion to dismiss the petition for failure to state a cause, finding that the landlord was barred from collecting rent for the apartment until it filed proper rent registrations.
"310 East 4th Street HDFC v. Rooks" (2019). All Decisions. 29.