41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)

Citation: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Parent Document: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-06-11
Original Source: https://www.courtlistener.com/opinion/9687483/41-47-nick-llc-v-odumosu/ ↗

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PROCEDURAL POSTURE AND BACKGROUNDThis is a nonpayment proceeding commenced on December 29, 2022. (NYSCEF Doc No. 1, petition.) It is not disputed that Peter Odumosu ("respondent") is a senior citizen who has resided in the apartment since May 1997. The apartment is registered as rent stabilized, and from the petition it appears that the rent charged is $1,845.11. (Id. ¶¶ 6-7.) Respondent filed an answer to the proceeding without counsel on March 2, 2023. (NYSCEF Doc No. 4.) On May 11, 2023, respondent appeared by an attorney through the Universal Access to Counsel program ("UAC"); an amended answer (as permitted pursuant to the court's May 11, 2023 order) was filed on June 9, 2023. (NYSCEF Doc No. 7, amended answer.) The amended answer asserted numerous defenses including fraudulent overcharge. The answer also included the following counterclaims: treble damages due to a fraudulent overcharge; an order requiring petitioner to offer respondent a valid rent stabilized lease at the correct legal rent; damages for breach of the warranty of habitability; an order to correct; and attorney's fees.

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