Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

1507 Johns LLC v. Hernandez

Landlord's Summary Holdover Proceeding Dismissed for Failure to State Cause of Action

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Recitation, as required by CPLR 2219(a), of the papers considered:Papers NumberedNotice of Motion (Contempt)              1Opposition to Contempt Motion          2Notice of Motion (Dismiss)  3Opposition to Motion to Dismiss        4Replying Affidavits             5DECISION/ORDER

*1 After argument and upon the foregoing cited papers, the decision/order on this motion is as follows:This summary holdover proceeding is brought by Petitioner seeking possession of the premises located at 1507 St Johns Place, # B3, in Brooklyn NY. Both sides are represented by counsel. Respondent’s motion seeks dismissal, pursuant to CPLR §3211, for failure to state a cause of action, and, in the alternative, seeks to interpose an Answer and for summary judgment based upon the defense of equitable estoppel or frustration of Respondent’s ability to cure.At the heart of this case is a thirty-year, rent stabilized, tenancy and a NYCHA Section 8 subsidy which terminated in 2013. Petitioner’s case alleges that Respondent has breached a substantial obligation of her tenancy because she failed to maintain her NYCHA Section 8 subsidy due to fraud. Respondent claims that her NYCHA Section 8 subsidy was terminated in 2013 because her apartment repeatedly failed the NYCHA Housing Quality Standards (HQS) inspections. Thereafter, despite attempts to reinstate her subsidy, Respondent states that her

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
Environmental and Land Use Associate Attorney (1-3 years) June-August 2024

June-August 2024 Environmental and Land Use - Associate Attorney (1-3 years) Adams Broadwell Joseph & Cardozo is acc...


Apply Now ›
(NEW) JUNIOR TO MID-LEVEL REAL ESTATE ASSOCIATE WANTED FOR BOUTIQUE FIRM (North Dallas Hybrid Role)

Our client, a highly regarded boutique firm with a strong real estate practice, is seeking an associate with 3 or more years of experience i...


Apply Now ›
Fully-Remote Opportunity: Tax Partner Wanted for Fast-Growing Mid-Size Law Firm (Illinois, Wisconsin, Colorado, Michigan, Maryland, Ohio, New York or Connecticut)

Our client, an incredibly successful and rapidly growing Big-Law spin-off and Certified Women s Business Enterprise, is seeking to hire a ta...


Apply Now ›
Go to Lawjobs
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements