discovery is denied and leave to file an amended answer is granted solely as to the general denial
and the Fifth Affirmative Defense - Termination Within the Lease Period, as there is still the
open issue as to whether or not there is any binding agreement between the parties. All the
remaining affirmative defenses and counterclaims are stricken for the reasons enunciated in the
body of this decision.
Regarding the petitioner's cross-motion, summary judgment is denied, the respondent's
affirmative defenses are stricken in accordance with the preceding paragraph, and the issue of use
and occupancy is to be determined by the trial court.
This matter was previously adjourned to January 9, 2008 in Part C at 9:30 A.M. at which
time it will be referred to the Expediter for assignment to a trial part.
This constitutes the Decision and Order of the Court.
Dated: January 4, 2008_______________________________
GEORGE M. HEYMANN, J.H.C.
Footnotes
Footnote 1: New York State Office of
Mental Health [OMH], Supported Housing Implementation Guidelines, II.A. The Suported
Housing Approach, p.3
Footnote 2: The original motion dated May
30, 2007 was superceded by the instant amended motion dated June 28, 2007 upon which this
decision is based.
Footnote 3: It is unclear as to whether the
respondent, as a sublessee, and alleged licensee, is a "tenant" as envisioned by the statute to
receive the benefits of the defense of retaliatory eviction.