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Greenland Estates v. Richards

Tenant Granted Leave to Amend Answer, Assert Laches Defense; Dismissal of Petition Granted

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of Respondent’s motion for leave to amend answer and for partial summary judgment:Papers NumberedRespondent’s Notice of Motion With Supporting Affirmation, Affidavit & Exhibits A-D     1DECISION & ORDER

*1  Upon the foregoing papers, and for the reasons set forth below, Respondent’s motion is decided as follows.BACKGROUND & PROCEDURAL HISTORYThis is a nonpayment eviction proceeding brought by Greenland Estates LLC against Asta Richards, the Rent Stabilized tenant of Apartment 24 at 1690 Clay Avenue, Bronx, New York. The petition is dated November 7, 2017, asserts that Respondent has a “monthly preferential rent” of $542.13 and seeks possession and a money judgment of $6730.25, comprised of unpaid rent of $542.13 for the eleven months of January 2017 through November 2017; a balance of $524.74 for December 2016; and late fees of $242.08. The Petition states that “payments received have been applied to oldest monies due, leaving the above months open.” Respondent pro se filed an Answer on November 21, 2017 raising a defense of payment or partial payment, and the case was calendared for November 29, 2017. Respondent appeared by counsel and the proceeding was adjourned to January 17, 2018.Respondent filed a motion to amend the answer and for summary judgment on December 14, 2017, returnable January 17, 2018, supported by her affidavit sworn to on December 8, 2017, her attorney’s affirmation dated December 7, 2017, copies of the pleadings, the proposed amended answer and a rent ledger which Respondent’s attorney asserts was provided by Petitioner in court on November 29, 2017. The rent ledger runs from July 1, 2012 through November 6, 2017 and lists $542.13 as the monthly “Charge, Tenant Share Only”. At the top of the first page of the ledger is the following statement: “Rent is currently $838.43, Scrie1 pays $296.30, Tenant Share is Frozen at $542.13.”

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