13 E. 9th St. LLC v Seelig (2019 NY Slip Op 50582(U))
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13 E. 9th St. LLC v Seelig
2019 NY Slip Op 50582(U) [63 Misc 3d 1218(A)]
Decided on April 8, 2019
Civil Court Of The City Of New York, New York County
Stoller, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on April 8, 2019
Civil Court of the City of New York, New York County
13 East 9th Street
LLC, Petitioner,
against
Charles Seelig, Respondent.
84987/2016
For Petitioner: Thomas Fleishell
For Respondent: Iris Bromberg
Jack Stoller, J.
13 East 9th Street LLC, the petitioner in this proceeding ("Petitioner"), commenced this
summary proceeding against Charles Seelig, the respondent in this proceeding ("Respondent"),
seeking a money judgment and possession of 13 East 9th Street, Apt. 4F, New York, New York
("the subject premises") on the basis of nonpayment of rent. Respondent interposed an answer,
raising defenses and counterclaims of breach of the warranty of habitability, harassment, tender
and refusal, and laches. The Court held a trial of this matter on September 12, 2018, October 26,
2018, and February 15, 2019, and then adjourned the matter for post-trial submissions to March
26, 2019.
Petitioner proved that it is the proper party to commence this proceeding; that the parties are
in a landlord/tenant relationship with one another; that Respondent is subject to the Rent Control
Law; and that Petitioner has complied with the registration requirements of MDL §325.
Petitioner introduced into evidence a certified record from the New York State Division of
Housing and Community Renewal ("DHCR") dated June 4, 2010 showing that the maximum