Case Name

Nath v. Wei Xiong

Case Type

Illegal Lockout

Housing Type

See Decision

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

10061/21

Slip Opinion Number

2021 NY Slip Op 31957(U)

Petitioner

PREETHI NATH

Respondent

WEI XIONG, KWAN YEO TEO

Judge

Katz, Anne

Decision/Order Date

2021-06-22

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant field an Order to Show Cause for an illegal lock-out. By the conference, Tenant was back in posession. Tenant moved to discontinue and LL cross-moved to dismiss for failure to state a cause; for a judgement of possession and order of eviction; to amend the caption; and to issue a money judgement for use/occupancy. Court discontinued Tenant's petition and denied LL's motions. While RPAPL §743 does allow for a party to assert a legal counterclaim in an Answer, it does not allow such party to obtain a judgment of possession without a verified petition as requried by RPAPL §741. LL initiated a separate proceeding in NY Supreme Court which also weighed in favor of dismissal.

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