(Greene v Stone, 160 AD2d 367, 368 [1st Dept 1990]; see Mins Court Hous.
Co. v Wright, 42 Misc 3d 1214[A], 2014 NY Slip Op 50034[U] [NYC Civ Ct
[2014]). The breach must also be firmly documented in the record either by the absence
of bona fide habitability claims or any dispute as to the amount of rent owed raised
during the proceedings (see Adams Tower Ltd. Partnership v Richter, 186 Misc
2d at 620). "A temporary financial embarrassment may excuse isolated instances of late
payment, but inability to pay cannot excuse chronic and continuing delinquency" (id.
[nine nonpayment proceedings in three years]; see 2564 Co. v D'Addario, 35
Misc 2d 176 [AT 1st Dept 1961] [eleven nonpayments in almost two years]).
Applying these legal principles to the matter at bar, Tenant has failed to sufficiently
demonstrate entitlement to summary judgment in her favor based on the absence of
triable issues of fact regarding Landlord's chronic delinquency claim. Landlord roots its
chronic rent delinquency holdover claim against Tenant on her repeated failure to pay the
rent on time, and its concomitant need to commence eight separate nonpayment
proceedings against her in the past seven years. As a threshold matter, however, Tenant is
correct that out of the eight proceedings relied upon by Landlord in bringing this
proceeding, two should be barred from consideration herein under the Statute of
Limitations in CPLR 213(2), as having been commenced more than six years prior to this
contractual proceeding, to wit: Index Nos. 030971/2006 and 058568/2007 (see
Westminster Props. Ltd. v Kass, 163 Misc 2d 773, 774 [AT 1st Dept 1995]). As
such, Tenant's motion for summary judgment is partially granted dismissing any
consideration of those time-barred proceedings prior to 2008 (see Mins Court Hous.