Case Type

HP

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

HP 76/2021

Slip Opinion Number

2021 NY Slip Op 32962(U)

Petitioner

BRIGIDO GALVEZ

Respondent

545 WEST 144 LLC, JASON GREEN and New York City Department of Housing Preservation and

Judge

Ortiz, Frances A.

Decision/Order Date

2021-06-21

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Landlord Substantially Won

Synopsis

In this HP action, the court has ordered several Orders to Correct HPD violations and to reinstate the cooking gas at subject premesis. Now, petitioner tenant asks for a final order to correct, and moves for civil contempt for failure to comply, civil penalties for failure to correct, damages for expenses, emotional distress, etc., and reasonable attorneys fees. Respondent owner's papers submitted in opposition raise a factual dispute to the elements of contempt and the correction of violations. Petitioner's motion for contempt is granted, limited to setting a contempt and civil penalties hearing. Classifying this as a moderate win for the LL, since tenant did not receive judgment for their primary remedies.

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