Monthly delinquency before interest charges from April 11, 2007 through July 11,
2013."
The demand states that the delinquent fixed rent due and owing is the sum of
$239,959.81, 5% late charge in the sum of $11,997.99, interest at prime rate in the sum
of $22,775.44 for a grand total of $274,732.47.
After the Respondent did not tender the aforementioned sum, the Petitioner
proceeded with the service of the Notice of Petition and Petition seeking to recover
possession for nonpayment of rent.
The Respondent appears by counsel, the Law Offices of Podvey, Meanor, Catenacci,
Hildner, Cocoziello & Chattman, P.C., that interposed an answer which alleged
various defenses and counterclaims. The answer specifically asserts that General
Plumbing Corporation is the only party in possession, specifically that the trade names of
that corporation are not independent entities but are trade names of the major corporation
and thus, the pleadings should be amended to delete the unnecessary named parties. The
Respondent disputes the allegations contained in the petition in regards to the amount
due and owing.
In addition, the Respondent asserts that on July 25, 2013, the Respondent filed a
declaratory judgment action in the Supreme Court of the State of New York in the
County of Kings in the Commercial Division under Index Number 504231/2013 to
determine, inter alia, the amount of rent owed on the subject premises. Until that
determination is made, the Respondent allegedly deposited the sum of $92,457.22 into its
attorney trust account and claims that this amount is owed in rent arrears.
Further, the answer contains other affirmative defenses, to wit: a declaratory
judgment action is pending in Supreme Court which seeks a determination of the amount