Case Type

Holdover

Holdover Type

Breach of lease

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 55619/18

Petitioner

GLOREEN REALTY LLC

Respondent

SCOTT WRIGHT

Judge

Ortiz, Frances A.

Decision/Order Date

2020-07-07

Posture

Post-judgment Motion by Landlord

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord asked the court to issue a final judgment of possession in the landlord's favor following the tenant's second alleged violation of the parties' earlier stipulation which required the tenant to cease violating his lease and to abide by the terms of the stipulation for one year. Following a hearing on the second alleged violation, the court found that the landlord failed to establish by a preponderance of the evidence that the second breach occurred. The court found the tenant's witness more credible than the landlord's witness, who testified that someone brandished a gun in the tenant's apartment but did not report the incident to police or provide any supporting documentation of his account.

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