Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 317424/23
Slip Opinion Number
2026 NY Slip Op 30138(U)
Petitioner
AVENUE A AT ST MARKS ASSOCIATES, LLC, AVENUE A SCHNEIDER PARTNERS, LLC
Respondent
TANIA BADIYI, NATASHA BADIYI
Judge
Guthrie, Clinton J.
Decision/Order Date
2026-01-30
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved for dismissal, summary judgment, leave to amend the answer, and to reargue a prior decision. The court denied the motion to reargue as untimely under CPLR § 2221(d)(3). The motion to dismiss or for summary judgment was also denied, finding the landlord sufficiently pleaded the premises' deregulation status and its interest. While the court granted the tenant's request to amend the answer to include failure to state a cause of action and breach of warranty of habitability defenses, it struck the rent overcharge counterclaim and related defense, applying the law of the case doctrine as these had been previously dismissed. The proceeding was restored for trial.
Keywords
Failure to Plead Improper Deregulation; Law of the Case; Motion To Reargue Untimely; CPLR § 2221(d)(3); Failure To State Petitioner’s Interest In The Subject Premises
Recommended Citation
"Avenue A at St Marks Associates, LLC, Avenue A Schneider Partners, LLC v. Badiyi" (2026). All Decisions. 2125.
https://ir.lawnet.fordham.edu/housing_court_all/2125
