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 300399/25

Slip Opinion Number

2026 NY Slip Op 50378(U)

Petitioner

West Side Marquis LLC

Respondent

Alexander Lombard III, Teri Lombard, John Doe, Jane Doe

Judge

Guthrie, Clinton J.

Decision/Order Date

2026-03-09

Posture

Post-answer Motion by Landlord

Disposition

Other

Winner

Other

Synopsis

In this nonpayment proceeding, the landlord moved to strike the tenant's affirmative defenses and counterclaims, and the tenant cross-moved to amend their answer. The court partially granted the landlord's motion, dismissing some defenses (personal jurisdiction for petition, breach of prior stipulation) and several counterclaims (duplicative, tort claims outside jurisdiction). However, defenses challenging predicate notice service, validity of rent, retaliatory eviction, harassment, and warranty of habitability were sustained. The tenant's cross-motion to amend the answer to add rent overcharge defenses and a counterclaim, challenging the legal rent history and a prior agreement, was granted, finding them not devoid of merit.

Keywords

Motion to Strike Pro Se Answer Granted and Denied in Part

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