Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
550 E 182 LLC
LUTWAK, DIANE E.
Post-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
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.
"550 E 182 LLC v. Quattlebaum" (2018). All Decisions. 847.