170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

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Direct Examination of Dwight Edwards
Dwight Edwards was sworn in. He testified that he moved into Apt. 8 in the building in 1983. In 2018, he moved into the subject apartment (Apt. 10.) He resides with his wife, Ella Edwards, also named in the petition and represented by CoRe. Respondent is a boiler technician and plumber by trade.[FN4]
He has worked in this capacity for 22 years, and he has also been a plumber this entire time. As a boiler technician, he services boilers, repairs boilers, and installs boilers. Respondent testified that he ceased paying rent in or about February 2023. Petitioner moved to strike this testimony, arguing that all defenses in the original answer  which was amended by leave of court  were waived, and that the amended answer does not assert a defense based on a breach of the warranty of habitability (Real Property Law § 235-b) and, thus, respondent is not entitled to an abatement of rent. The court struck the testimony, noting that the only issue before the court is whether respondent is entitled to a 100% abatement pursuant to [*3]MDL 302-a.

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