Case Type

Non-payment

Holdover Type

Breach of Lease, nonpayment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

47225/2019

Petitioner

2085 LLC

Respondent

Amadou Balde

Judge

Garland, Christel F.

Decision/Order Date

2020-09-10

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant, Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a nonpayment against the tenant of record, Balde. Occupant Mr. Toure appeared by answering and appearing in the resolution part with counsel. TOR Balde never appeared. Occupant Toure moved the court to amend his answer, and dismiss the petition. Landlord cross-moved to amend the petition to date and for a money judgment against the tenant of record only. The court concluded that (1) there is no privity of contract between LL and occupant; (2) the LL cannot seek to remove an unnamed party from the premises under RPAPL 749. (3) the occupant's motion to amend the answer is denied because there is no privity of contract between LL and occupant. (4) Landlord's motion for a judgment and warrant is denied as TOR has not appeared and landlord has not shown due diligence in service of pleadings. (5) Lastly, the nonpayment is discontinued.

Download

Takedown Policy

Share

COinS