Lambert Houses Redevelopment Co. v. Jobi

Full title: LAMBERT HOUSES REDEVELOPMENT CO., Petitioner–Landlord, v. Abiodun JOBI…

Court: Civil Court, City of New York, Bronx County.

Date published: May 23, 2014

43 Misc. 3d 1227 (N.Y. Civ. Ct. 2014)

2014 N.Y. Slip Op. 50819

992 N.Y.S.2d 159

Opinion

No. L & T 039411/2013.

2014-05-23

LAMBERT HOUSES REDEVELOPMENT CO., Petitioner–Landlord, v. Abiodun JOBI, Respondent–Tenant.

JAVIER E. VARGAS

Given the nature of the defects, this Court holds that there was an improper termination of Tenant's Section 8 Subsidy. Such an improper termination bars the maintenance of this nonpayment proceeding to recover market rent from Tenant ( see 1199 Housing Corp. v. McCartney, 171 Misc.2d at 240). Consequently, since Tenant has sufficiently shown that she unadvisedly waived a substantial meritorious defense, her motion, insofar as it seeks to vacate all the Stipulations and the Final Judgment, and grant her leave to amend her Answer, is granted. Upon considering her Affirmative Defense, Tenant's motion to dismiss the Petition, is also granted, and the proceeding is hereby dismissed. The foregoing constitutes the decision and order of the Court.