Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-315319-24/KI

Petitioner

CB CSH 2015 LLC

Respondent

CHERYL PRESCOTT; “JOHN DOE”; “JANE DOE”

Judge

Weisberg, Michael L.

Decision/Order Date

2025-06-21

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The court granted the tenant partial summary judgment based on res judicata, dismissing the landlord's claim for recouped ERAP funds for a period covered by a prior proceeding discontinued with prejudice. However, the court denied the tenant's laches defense, finding no demonstrated prejudice from the landlord's delay in seeking other accrued arrears. The court indicated the landlord might have remedies for the recouped ERAP funds by reopening the prior case.

Keywords

Res Judicata; Laches; Prior Case Discontinued with Prejudice

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