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Judge Marton Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119749 PETITIONER landlord alleged he may recover possession of the rent-stabilized apartment at issue as respondent tenant was chronically delinquent in paying rent in this holdover proceeding. Respondent denied the allegations, moving for summary judgment. Petitioner alleged that during a 21/2-year period, it was compelled by respondent’s delinquencies to bring three non-payment proceedings against him. Respondent argued he was justified in withholding rent as petitioner breached the warranty of habitability. The court found respondent’s showing—that there was only one proceeding of three brought in a 21/2-year period in which he did not obtain a rent abatement—sufficed as a prima facie showing entitling him to summary judgment. Petitioner, however, opposed the motion with only a repetition of the allegations set out in the pleadings, which was insufficient. Thus, the court granted respondent’s motion for summary judgment dismissing the proceeding.

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