13 E. 124 LLC v. Taylor, 2025 NY Slip Op 01765 (2025)

Citation: 13 E. 124 LLC v. Taylor, 2025 NY Slip Op 01765 (2025)
Parent Document: 13 E. 124 LLC v. Taylor, 2025 NY Slip Op 01765 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-25
Original Source: https://www.courtlistener.com/opinion/10364421/13-e-124-llc-v-taylor/ ↗

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The court also properly denied the landlord's motion to dismiss the tenant's affirmative defenses and counterclaims. The first affirmative defense asserting that the apartment remained subject to rent stabilization, and the second affirmative defense that the landlord failed to preserve the legal regulated rent in order to avail itself of the high rent vacancy deregulation both concern the status of the apartment. Thus, because the landlord could not establish on its motion for summary judgment that the apartment is subject to deregulation, it was also unable to provide a basis for dismissing the affirmative defenses.

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