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
72257/2017
Petitioner
550 E 182 LLC
Respondent
Quattlebaum
Judge
LUTWAK, DIANE E.
Decision/Order Date
2018-05-29
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Landlord brought a nonpayment case against rent-stabilized tenant. Landlord's attorney would not accept amended answer from counsel, now tenant moves the court to amend the answer under CPLR 3025 (b). Motion granted to amend the answer. The proposed amended answer provides greater notice of respondent's breach of habitability defense and counterclaims, and such amplification has not been articulated to be prejudicial to landlord. The other defenses are standard in nonpayment proceedings and arise out of documents, copies of which are attached to the motion papers, which were in landlord's possession or easily accessible to landlord. Accordingly, landlord cannot claim to be surprised or prejudiced by these defenses, non of which is palpably insufficient or patently devoid of merit. Landlord's claim of delay being highly prejudicial is incorrect and conclusory. In fact, it was landlord's counsel who refused the amended answer and the delay is now due to the decision to proceed with motion practice.
Recommended Citation
"550 E 182 LLC v. Quattlebaum" (2018). All Decisions. 847.
https://ir.lawnet.fordham.edu/housing_court_all/847
