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Failure to list a Cause of Action

NYC Housing Court Practice/Procedures

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Failure to list a Cause of Action

Postby July713 » Sat Jul 11, 2015 4:24 pm

I am slated for trial 7.15.15 in a holdover proceeding for an unauthorized alteration. The board is claiming that I commenced an alteration after removing the studs of a verified non-load bearing wall that they gave me permission to remove the sheetrock from. We had a summary judgement which both myself and the board were denied. The judge denied my claim to receive compensation for deprivation of enjoyment of premises as in the answer my lawyer (at the time) failed to state any causative action. Can anyone tell me exactly what this means? And how do I rectify this to receive some compensation? I have been living in hell for 2 years (wires, peeling paint, gaps in floor & ceiling, etc.)! Can I bring this up in trial? If so how is it done? Is it too late to state a cause of action?

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Re: Failure to list a Cause of Action

Postby TenantNet » Sat Jul 11, 2015 4:46 pm

It's difficult to answer your question as I really don't know what it is you are asking. Also, without seeing the papers on a case and decisions, it's also difficult to offer an observation.

You say the board, so I don't know if you are a tenant or coop/condo owner. That can make a difference.

Was the permission you received from the board in writing? If so, what is the holdover based on?

A "summary judgment" is when both sides agree on all the facts and there are no facts for the court to resolve. Then the only question is the law. A SJ allows the court to make a decision without going through the time and expense of a trial.

In most situations one party would file a "Motion for Summary Judgment"

I don't know what you mean by deprivation of enjoyment of services. Usually the language is that repairs or services are such that conditions violated the Warranty of Habitability with a request for an abatement.

Something like enjoyment of services - if even allowable - would likely be called seeking damages of some sort. And there are diffrerent types of damages. And anytime damages are sought, the party making the claim has to have a cause of action.

But these would likely be asserted as counterclaims, not defenses to the holdover itself.

Some judges in holdovers don't want to deal with Warranty of Habitability issues. They are supposed to do that, but some are just lazy.

Has HPD been in to inspect and place violations?

Remember you need to resolve the holdover itself - that is what you are being sued for.

You can also commense a HP action to force the LL to make repairs.
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