Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-320149-24/BX
Slip Opinion Number
2025 NY Slip Op 51956(U)
Petitioner
Zotpri LLC
Respondent
Robert Burton
Judge
Lutwak, Diane E.
Decision/Order Date
2025-12-11
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant, after retaining counsel, moved to amend their pro se answer to assert affirmative defenses of payment, laches, and breach of the warranty of habitability, along with counterclaims. The landlord opposed, arguing untimeliness and insufficient pleading of laches. The court granted the tenant's motion, allowing the amended answer with the payment and warranty of habitability defenses and counterclaims. However, the laches defense was stricken for insufficient pleading, as it failed to demonstrate lack of notice or prejudice to the tenant, beyond mere delay, which are essential elements for an equitable laches claim.
Keywords
Pleading Requirements for Laches Claims; Amending Answers; Delay Not Found
Recommended Citation
"Zotpri LLC v. Burton" (2025). All Decisions. 2057.
https://ir.lawnet.fordham.edu/housing_court_all/2057
