Case Type
Holdover
Holdover Type
Breach of Lease
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
CV-2417-2021
Slip Opinion Number
2021 NY Slip Op 50809(U) [72 Misc 3d 1220(A)]
Petitioner
783/5 Lex Associates LLC
Respondent
Soner Mezgitic
Judge
Perry, Phaedra F.
Decision/Order Date
2021-07-20
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Tenant filed pre-answer motion to dismiss on the grounds there is another case pending for the same cause of action (LT30642120/NY), and that since the amount in dispute exceeds $25000, this court does not have subject matter jurisdiction. Tenant filed a Declaration of Hardship during COVID-19 and the holdover proceeding was stayed. Court finds both actions are essentially the same, and that a resolution in housing court would render the pending action moot and redundant, and circumvent the intended purpose of CEEFPA legislation.
Recommended Citation
"783/5 Lex Assoc. LLC v. Mezgitic" (2021). All Decisions. 44.
https://ir.lawnet.fordham.edu/housing_court_all/44
