Case Type

Holdover

Holdover Type

Purported end of service agreement

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

72585/2018

Slip Opinion Number

2023 NY Slip Op 31434 (U)

Petitioner

Harlem Congregations for Community Improvement, Inc.

Respondent

KRISTEN QUACKENBUSH, ERIC HALO, JOHN DOE, JANE DOE

Judge

Ortiz, Frances A.

Decision/Order Date

2023-04-28

Posture

Post-judgment Motion by Tenant, Motion for a Directed Verdict

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

2017 holdover case where the Respondent received services for independent living from the Petitioner HCCI which had a relationship with HRA to do so. Petitioner claimed that Respondent failed to meet the requirements of the service agreement and sought to evict her. Petitioner failed to introduce the service agreement between HCCI and HRA, failed to introduce the contract between HCCI and the Respondent. Court determined that Petitioner failed to present testimony and evidence that Respondent's right to possession was subject to participation in the HCCI scattered site housing program. Judgment for Respondent. Directed verdict sought dismissal with prejudice.

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