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Badesch v. Fort 710 Associates, L.P.

Lease's Silence on Subletting Prevents Landlord from Collecting Rent on Tenant's Sublet

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NYSCEF doc nos. 114-128 and 130-134 were read on this motion for leave to amend. Motion by defendant Fort 710 Associates, L.P. (hereinafter Fort 710) pursuant to CPLR 3025(b) for an order granting Fort 710 leave to file an amended answer denied1. DECISION + ORDER ON MOTION BACKGROUND Plaintiff commenced this action on November 15, 2018, by filing the summons and complaint (see NYSCEF doc no. 1). Plaintiff alleges he has been a tenant of Fort 710 in a building located at 710 West 173rd Street, New York, NY 10032 since December 2011 (see id. 1). Plaintiff further alleges that his apartment has been subject to the Rent Stabilization Law of the State of New York (hereinafter RSL) (see id. 2). Plaintiff further alleges that, despite this, Fort 710 falsely represented to plaintiff that his apartment was deregulated and not subject to the RSL (see id. 4). Plaintiff further alleges that Fort 710 has unlawfully overcharged him rent for the apartment, unlawfully increased rent for the apartment upon lease renewals, and engaged in an unlawful scheme to hide the rent-stabilized status of the apartment (see id. 5). Plaintiff sets forth three causes of action seeking: (1) a declaratory judgment; (2) a reformed lease; and (3) damages (see id.

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