Sanjurjo v Milio, 2021 NY Slip Op 50208(U) [70 Misc 3d 1224(A)]

The eleventh affirmative defense, like the third affirmative defense, denies petitioner's
unlawful eviction claim. That claim and defense to it will be discussed infra.

Finally, the twelfth affirmative defense, which responds to the petitioner's request to pay her
relocation expenses, is not dismissed. Petitioner does not affirmatively seek dismissal of the
twelfth affirmative defense and, in any case, the submissions create issues of law and fact [*5]regarding whether it is respondent-landlord's obligation to relocate
petitioner and, if so, whether he has already complied by offering alternate housing. However, for
reasons stated infra, the court dismisses the cause of action seeking relocation and costs
directly from the respondent-landlord.

SUMMARY JUDGMENT

Summary judgment is a drastic remedy, to be granted only where the moving party has
tendered sufficient evidence to demonstrate the absence of any material issues of fact and then
only if, upon the moving party's meeting of this burden, the non-moving party fails to establish
the existence of material issues of fact which require a trial of the action. (Vega v Restani Constr. Corp., 18
NY3d 499, 503, 942 NYS2d 13 [2012]). When deciding a summary judgment motion, the
court views the alleged facts in the light most favorable to the non-moving party. (Sosa v 46th St. Dev. LLC, 101 AD3d
490, 492, 955 NYS2d 589 [1st Dept 2012]).

"To grant summary judgment it must clearly appear that no material and triable issue of fact
is presented.... This drastic remedy should not be granted where there is any doubt as to the
existence of such issues, ... or where the issue is 'arguable' ...; 'issue-finding, rather than
issue-determination, is the key to the procedure." Thus, it is "[t]he proponent of a summary