retaliatory eviction and that the credible evidence before the court supports the defense,
independent of the presumption. The proceeding is therefore dismissed.
Because the court is dismissing this proceeding on the grounds of retaliatory
eviction it does not reach and makes no determination as to respondent's defense that this
proceeding is improperly commenced because the apartment is subject to the Rent Stabilization
Law and Code.
[*9]
This is the decision and judgment of the court.
The exhibits are too voluminous to be returned by mail and may be retrieved at 141 Livingston
Street, from the courtroom.
Dated: New York, New York
August 25, 2009
_________________________________LAURIE L. LAU, J.H.C.
Footnotes
Footnote 1:The digitally recorded trial
commenced on May 22, 2009, continued on June 9, 2009 and concluded on June 25, 2009.