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 properly sustained the tenant's combined affirmative defense and first counterclaim for retaliation under Real Property Law § 223-b and third counterclaim for tenant harassment under Administrative Code § 27-2004(a)(48). The record shows that the landlord and tenant settled the tenant's 2020 Civil Court action asserting a cause of action for breach of the warranty of habitability on January 18, 2023, and the landlord served the notice of nonrenewal less than a month later on February 16, 2023, rendering both counterclaims timely and adequately pleaded under the statutes. Refusal to renew a tenant's lease is expressly included in the actions deemed retaliatory under Real Property Law § 223-b(2).

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