Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
Morrison Management LLC
Doherty, Marian C.
Post-judgment Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
Landlord sued tenant of record and his daughter for nonpayment of rent. Only the daughter appeared and consented to a money judgment and stay of execution of the warrant in exchange for payment of rent, and a lease in her name. The daughter filed five orders to show cause to stay ex and obtain a lease from the landlord. Daughter, now represented by counsel, moved the court to vacate the judgment and warrant and interpose a defense and counterclaim for rent overcharge. The court reviewed the DHCR rent history noticing that the vacancy prior to this tenancy caused the rent to jump from $745 to $1200. The landlord claimed this was an IAI. The court reasoned the respondent-daughter set forth a prima facie claim for rent overcharge, and granted the motion, vacating the judgment and warrant.
"Morrison Management LLC v Rodriguez" (2016). All Decisions. 830.