Civil Court of the City of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
MICHELE TURCO, ELENA NUNEZ, PHYLIS HILLIARD, and SALEH HEGAZY
NOVITA LLC, TEAMS MANAGEMENT LLC, and FRANK PECORA; DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, and NEW YORK CITY DEPARTMENT OF BUILDINGS
Ortiz, Frances A.
Post-answer Motion by Tenant
Motion Granted for Landlord
Landlord Substantially Won
Petitioner tenants have been displaced from the subject premises which was damaged by fire since November, 2020, and bring this HP action seeking correction of 62 outstanding HPD violations. Respondent landlord filed 27 affirmative defenses. Court GRANTS in part (all but one of) petitioners’ motion to strike affirmative defenses: petitioners have facially stated a cause of action; HC DOES have jurisdiction to enforce “housing standards”; the conditions alleged DO constitute housing code violations; defenses of laches, estoppel and waiver do NOT apply to HP proceedings; the many contract law defenses submitted by LL do not articulate a defense; and DENIES in part: respondent landlord has facially articulated a defense that repair of the building would be economically infeasible, warranting a trial. Petitioners’ motion for discovery is granted.
"Turco v. Novita LLC" (2021). All Decisions. 5.