pre-answer motion to dismiss, stricken from respondent's answer are the claims made in
her First Objection in Point of Law (lack of personal jurisdiction), Second Objection in
Point of Law ("stale" predicate notice) and First Affirmative Defense (defective service
of the predicate notice on NYCHA).
CONCLUSION
For the foregoing reasons,
it is hereby ORDERED that respondent's motion is denied except to the extent of
deeming respondent's proposed answer duly served and filed, except as to the First and
Second Objections in Point of Law and First Affirmative Defense which are deemed
stricken. The proceeding is restored to the calendar for a pre-trial conference in
Resolution Part K-SPP on June 14, 2023 at 10 a.m. This constitutes the Decision
and Order of this Court, which is being uploaded on NYSCEF.
_________________________
Diane E. Lutwak, HCJ
Dated:
Bronx, New York
April 25, 2023
Footnotes
Footnote 1: In her supporting
affidavit, after stating that petitioner "did not reserve the right to re-use that termination
notice when the old case was discontinued" and "should not be allowed to recycle an old
termination notice", respondent asserts prejudice simply by asking a question: "How am I
supposed to be at peace in my own home if that was allowed?" Resp's Affidavit at ¶
18.