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 32962(U)
545 WEST 144 LLC, JASON GREEN and New York City Department of Housing Preservation and
Ortiz, Frances A.
Post-judgment Motion by Tenant
Motion Granted for Tenant
Landlord Substantially Won
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.
"Galvez v. 545 W. 144 LLC" (2021). All Decisions. 6.