Court Grants Motion for Summary Judgment, Landlord Wins Judgment of $169,106.25 in Past Due Use and Occupancy and Legal Fees

Andrew Bittens, a partner at Kucker Marino Winiarsky & Bittens, LLP, was granted both a motion to restore, and a motion for summary judgment in Moonbeams, Inv. v. Ryme Katkhouda. After the Department of Housing and Community Renewal (DHCR) determined that the apartment was exempt from Rent Stabilization, the holdover proceeding was restored to the Court’s calendar to determine a motion for summary judgment, in which Andrew Bittens successfully argued for possession of the unregulated premises. The tenants asserted two affirmative defenses to the motion, which the court established were without merit due to the DHCR’s determination that the subject apartment was not subject to the Rent Stabilization Law.

Additionally, the matter was set down for a hearing on the petitioner’s legal fees and fair market value use and occupancy. Mr. Bittens conducted the successful hearing which resulted in the landlord obtaining a judgment against the tenant in the amount of $169,106.25.