47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)

Citation: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Parent Document: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-05-28
Original Source: https://www.courtlistener.com/opinion/10594925/47-05-ctr-spe-llc-v-hack/ ↗

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Once Petitioner established its prima facie case, it was incumbent on Respondent to demonstrate a viable affirmative defense to defeat Petitioner's claim to possession. The sole affirmative defense Respondent raised in his answer asserts that Petitioner vitiated its termination notice by its subsequent commencement of a nonpayment prior to the vacate date in the nonrenewal notice seeking rent due under the parties' last lease, which was discontinued before entry of a judgment. This defense, rejected by the Judge Guthrie in his decision denying Respondent's motion for summary judgment, was effectively abandoned at trial and is unavailing in any event considering the Appellate Term's recent holding in Pimor Assoc., LLC v Delvalle, 85 Misc 3d 128 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2025]).

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