United 90 LLC v Gonzalez (2022 NY Slip Op 51412(U))
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United 90 LLC v Gonzalez
2022 NY Slip Op 51412(U) [81 Misc 3d 1206(A)]
Decided on November 22, 2022
Civil Court Of The City Of New York, Kings County
Cohen, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 November 22, 2022
Civil Court of the City of New York, Kings County
United 90
LLC, Petitioner,
against
Artemio Gonzalez, Noelia Gonzalez,
Respondent.
Index No. LT No. 310921-23
Hannah Cohen, J.
Recitation, as required by CPLR §2219(a), of the papers considered in review
of respondent's motion seeking summary judgment pursuant to CPLR 3212 and ensuing
opposition and reply.
Papers
Numbered
Motion 1
Opposition 2
Reply 3
Upon the foregoing cited papers, the
Decision and Order on this motions is as follows:
Petitioner commenced this
non-payment proceeding in April 2023 seeking rental arrears at $2,600 per month from
August 2022 through February 2023. Respondent Noelia Gonzalez appeared and
asserted the following affirmative defenses : (1) Landlord owes respondent money, rent
overcharge, rent abatement ; (2) respondent paid for repairs or services;(3) warranty of
habitability (4) general denial; (5) harassment and counterclaim for harassment and
repairs. The premises are subject to rent stabilization.
Respondent appears with counsel and seeks summary judgment pursuant to CPLR
3212 in that there is no lease agreement in effect at the time the case was commenced and
therefore petitioner may not maintain a non payment proceeding as it has no standing.
Respondent alleges the last lease signed was in 2018. Respondent argues that petitioner