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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The parties agreed on the record to a recess which would enable the court to consider [*5]petitioner's dispositive objection and issue a ruling in writing. The parties further agreed on the record that the following rulings can be anticipated: (1) if the court finds that respondent has failed to prove the elements of his defense and sustains petitioner's objection, then the court would consider petitioner's oral application to amend the petition to date, and, pursuant to CPLR 4401, a judgment for petitioner would enter based on the rent ledger in evidence; OR (2) if the court overrules petitioner's objection and finds that respondent has established prima facie the elements of his defense, then the two rent impairing violations for which no proofs of mailing were offered into evidence would be dismissed (DHPD Violation # 1600803, Order Number 742*; DHPD Violation # 16010146, Order Number 567*), and the trial would continue on the two violations set forth above.

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