13 E. 124 LLC v. Taylor, 2025 NY Slip Op 01765 (2025)

Citation: 13 E. 124 LLC v. Taylor, 2025 NY Slip Op 01765 (2025)
Parent Document: 13 E. 124 LLC v. Taylor, 2025 NY Slip Op 01765 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-25
Original Source: https://www.courtlistener.com/opinion/10364421/13-e-124-llc-v-taylor/ ↗

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The court also properly denied dismissal of the tenant's third and fourth affirmative defenses relying on res judicata and collateral estoppel arising from the February 26, 2020 DHCR rent reduction order (see Gersten v 56 7th Ave. LLC, 88 AD3d 189, 201 [1st Dept 2011]). Here, the DHCR order expressly relied on provisions of the Rent Stabilization Code to find that the tenant was entitled to a rent reduction for reduced services, and there is no evidence in the record that the landlord disputed the application of the Rent Stabilization Code to the proceeding or filed a petition for administrative review asserting that the apartment was deregulated. Accordingly, the landlord failed to utterly refute the tenant's third and fourth affirmative defenses asserting that the apartment's rent-stabilized status was fully litigated and decided by the 2020 DHCR order (id.).

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