Civil Court of the City of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2021 NY Slip Op 31957(U)
WEI XIONG, KWAN YEO TEO
Pre-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
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.
"Nath v. Wei Xiong" (2021). All Decisions. 41.