A.N. Figliolia LLC v Kletsman (2023 NY Slip Op 50739(U))
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A.N. Figliolia LLC v Kletsman
2023 NY Slip Op 50739(U) [79 Misc 3d 1228(A)]
Decided on July 3, 2023
Supreme Court, New York County
Lebovits, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 July 3, 2023
Supreme Court, New York County
A.N. Figliolia
LLC, Plaintiff,
against
Igor Kletsman and YELENA LYUTERSHTEYN,
Defendants.
Index No. 654473/2022
Moss & Kalish, PLLC, New York, NY (David B. Gelfarb of counsel), for
plaintiff.
Moses Law Office of New York, PLLC, New York, NY (Manuel
Moses of counsel), for defendant Yelena Lyutershteyn.
No appearance for
defendant Igor Kletsman.
Gerald Lebovits, J.
This is an action to collect amounts allegedly owed in holdover use &
occupancy (U&O) following the expiration of a residential lease, brought by
plaintiff-landlord, A.N. Figliolia LLC, against defendant-tenant, Igor Kletsman, and his
(ex)-wife, defendant-occupant Yelena Lyutershteyn.
On motion sequence 001, landlord moves for summary judgment against Kletsman.
That motion is deemed withdrawn in light of the settlement of landlord's claims against
Kletsman. On motion sequence 002, landlord moves for default judgment against
Lyutershteyn; she cross-moves to compel landlord to accept her untimely answer.
Landlord's motion is denied; Lyutershteyn's cross-motion is granted.
BACKGROUND
The lease at issue ran from
June 1, 2021, through May 31, 2022, at a monthly rent of $10,500. The lease was entered
into between landlord and Kletsman. (See NYSCEF No. 9 at 10, 14.)
Lyutershteyn, although not a signatory to the lease, is a permitted occupant of the