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321 Putnam Realty v. Mender

Building Lacks Proper Certificate of Occupancy Dismissing Landlord's Nonpayment Action

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RECITATION, AS REQUIRED BY CPLR SECTION 2219(A), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION AND CROSS MOTION AND ORDER TO SHOW CAUSE:PAPERS NUMBEREDNOTICE OF MOTION AND AFFIRMATION AND AFFIDAVIT AND EXHIBITS ANNEXED     1NOTICE OF CROSS MOTION AND OPPOSITION TO MOTION AND AFFIRMATION AND EXHIBITS ANNEXED               2ANSWERING AFFIRMATION TO CROSS MOTION AND IN FURTHER SUPPORT OF THE MOTION AND EXHIBITS ANNEXED  3ORDER TO SHOW CAUSE AND AFFIRMATION AND EXHIBITS ANNEXED 4ANSWERING AFFIRMATION AND AFFIDAVIT TO ORDER TO SHOW CAUSE AND EXHIBIT ANNEXED 5DECISION/ORDER

*1 UPON THE FOREGOING CITED PAPERS. THE DECISION/ORDER IN THIS MOTION AND CROSS MOTION AND ORDER TO SHOW CAUSE IS AS FOLLOWS:Petitioner commenced this nonpayment proceeding seeking monthly rent of $4000.00 from March 2017. Paragraph (7) of the petition states that apartment 1L is not subject to rent stabilization by virtue of the fact that the subject premises have been substantially rehabilitated as family units after January 1, 1974. Respondent Ocrrecher appeared and filed an oral pro se answer interposing defenses that he was not served with the petition, the rent has been paid, and breach of the warranty of habitability. Respondent Ocrrecher retained counsel, and respondent

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