Lenn Prop. LLC v Liberman (2009 NY Slip Op 51805(U))
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Lenn Prop. LLC v Liberman
2009 NY Slip Op 51805(U) [24 Misc 3d 1239(A)]
Decided on August 19, 2009
District Court Of Nassau County, First District
Bruno, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on August 19, 2009
District Court of Nassau County, First District
Lenn Property LLC,
Petitioner,
against
David Liberman, Respondent.
SP 3568/09
DePinto, Nornes & Associates, LLP, Attorney for Petitioner
445 Broad Hollow Road
Melville, New York 11747
Jeffrey A. Seigel, Esq., Attorney for Respondent
One Helen Keller Way
Hempstead, New York 11550
Robert A. Bruno, J.
On or about June 15, 2009 the Petitioner-Landlord, Lenn Property LLC
("Landlord") commenced a non-payment proceeding against Respondent-Tenant, David
Liberman ("Tenant") to recover the sum of nine thousand nine hundred ($9,900.00) dollars in
rent arrears. The parties have stipulated that the unpaid portion of the rent in the amount of nine
thousand nine hundred ($9,900.00) dollars is accurate. The Tenant has asserted the defense of
breach of warranty of habitability as to the non-payment of rent.
In addition to the Tenant's warranty of habitability defense, the Tenant has also made a
motion to dismiss the petition (i) for lack of subject matter jurisdiction pursuant to CPLR
§404 and § 3211(a)(2) because Landlord failed to put its address on the notice of
petition as required by U.D.C.A. §401, 22 N.Y.C.R.R. §212.1, 212.6 and 212.42 and
(ii) because the summary proceeding was initiated by the purported agent of Landlord, rather
than the Landlord, in violation of R.P.A.P.L. §721.
BACKGROUND