170 E. 92nd St. Owners Corp. v Graham-Jones (2009 NY Slip Op
51420(U))
[*1]
170 E. 92nd St. Owners Corp. v Graham-Jones
2009 NY Slip Op 51420(U) [24 Misc 3d 1211(A)]
Decided on July 2, 2009
Civil Court Of The City Of New York, New York County
Kraus, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected in part through July 7, 2009; it will not
be published in the printed Official Reports.
Decided on July 2, 2009
Civil Court of the City of New York, New York
County
170 East 92nd Street
Owners Corp., Petitioner,
against
Jean Graham-Jones BRIAN GRAHAM-JONES, Respondents.
L & T 101403/06
Thomas S. Fleishell, & Associates, P.C.
By: Thomas S. Fleishell, Esq.
Attorneys for Petitioner
561 Seventh Avenue, 19th Floor
New York, NY 10018
(212) 972-1355
Lee M. Nigen & Associates, P.C.
By: Lee M. Nigen, Esq.
Attorney for Respondents-Tenants
3006 Avenue M, Suite 1D
Brooklyn, New York 10018
(212) 972-1355
Sabrina B. Kraus, J.
BACKGROUND
This summary nonpayment proceeding was commenced
by 170 EAST 92ND
STREET OWNERS CORP. (Petitioner) and seeks to recover
possession of
Apartment 4C-D at 170 E. 92ND STREET, NEW YORK, NEW
YORK, 10001
(Subject Premises) from the proprietary lessees, JEAN GRAHAM-JONES (JGJ)
and BRIAN GRAHAM-JONES (BGJ) ( collectively "Respondents") based on their
failure to pay rent and additional rent due under their proprietary lease. Respondents asserted
defenses and counterclaims which all relate to a single leak in the premises on February 16, 2005
and allegations that the leak resulted in a mold condition in the Subject Premises.
PROCEDURAL HISTORY
The Notice of Petition and Petition issued on November 21, 2006, and sought maintenance