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

Based on the foregoing, it is Ordered,

Petitioner's motion seeking dismissal of respondent's defenses and summary judgment is
granted in part and denied in part. Respondent's first, second, fourth, fifth, sixth, seventh, eighth,
ninth and tenth affirmative defenses are dismissed, and petitioner is granted summary judgment
on her first cause of action seeking an order to correct. Petitioner's motion to dismiss the third,
eleventh and twelfth affirmative defenses is denied. Petitioner's motion for summary judgment on
her illegal eviction causes of action is denied. To the extent that petitioner sought summary
judgment on her request to have the respondent-landlord provide relocation and/or
relocation costs, that is also denied.

It is further Ordered that Respondent's cross-motion is granted in part and denied in part.
Respondent's amended answer is deemed served and filed. Respondent is granted summary
judgment on petitioner's illegal eviction claims. Judgment shall be entered in respondent's favor
dismissing the amended petition's third, fourth and fifth causes of action. Finally, the motion to
dismiss the claim for relocation and costs as against respondent is granted.

The sole remaining unaddressed issue is petitioner's cause of action seeking DHPD to
provide relocation pursuant to NYC Admin Code § 26-301(1)(a)(v).[FN20]

DHPD is ordered to serve and file an answer by April 6, 2021. This matter is adjourned to
April 12, 2021 at 2:30 PM for a virtual conference and discussion of this unresolved issue.

This constitutes the Decision and Order of the court.

Dated: March 16, 2021
Bronx, NY
SO ORDERED,
/S/
SHORAB IBRAHIM, JHC

Footnotes

Footnote 1:Respondent is directed to
immediately upload the cross-motion and attachments to NYSCEF.