3515 Eastchester Rd., LLC v. Soto, 2025 NY Slip Op 25209 (2025)

Citation: 3515 Eastchester Rd., LLC v. Soto, 2025 NY Slip Op 25209 (2025)
Parent Document: 3515 Eastchester Rd., LLC v. Soto, 2025 NY Slip Op 25209 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-09-16
Original Source: https://www.courtlistener.com/opinion/10675509/3515-eastchester-rd-llc-v-soto/ ↗

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The case was calendared in an Intake Part on February 5, 2025, then transferred to a Resolution Part and adjourned several times. Respondent retained counsel who filed an Answer raising three objections in point of law: (1) improper pleading of the GCEL's "small landlord" exemption; (2) failure to append to the termination notice the GCEL notice required by RPL § 231-c; and, the GCEL notice that Petitioner did provide, indicated non-renewal of the lease due to violation of a substantial obligation of the tenancy as grounds for eviction, without asserting facts or mentioning this in either the Petition or the termination notice; and (3) waiver of the right to proceed by filing a subsequent nonpayment eviction proceeding, LT-303555-25/BX. The Answer also raises breach of the warranty of habitability as an affirmative defense and counterclaim and a counterclaim for attorneys' fees. After unsuccessful settlement negotiations, the case was transferred to a Trial Part.

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