Joe Lebnan LLC v Oliva (2009 NY Slip Op 52734(U))
[*1]
Joe Lebnan LLC v Oliva
2009 NY Slip Op 52734(U) [26 Misc 3d 1220(A)]
Decided on August 25, 2009
Civil Court Of The City Of New York, Kings County
Lau, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 August 25, 2009
Civil Court of the City of New York, Kings County
Joe Lebnan LLC,
Petitioner,
against
Arias Oliva, Respondent, "JOHN DOE" and "JANE DOE,"
Respondents-undertenants.
62440/2009
Petitioner's Attorneys:
Gutman, Mintz,
Baker & Sonnenfeldt, P.C
813 Jericho Turnpike
New Hyde Park, New York 11040
(516) 775-7007
Respondent's Attorneys:
Brooklyn Legal Services Corporation A
Attn: Vance Gathing, Esq.
1455 Myrtle Avenue
Brooklyn, New York 11237
(718) 487-0800
Laurie L. Lau, J.
Petitioner commenced this holdover summary proceeding against
respondent Arias Oliva ("Oliva"), the tenant of Apartment 3R (the "Apartment") in the building
located at [*2]237 Jefferson Street, in Brooklyn (the "Building"),
after the expiration of a Thirty Day Notice to Terminate, dated January 27, 2009 (the
"Termination Notice"), and expiring on February 28, 2009, purporting to terminate Oliva's
month-to-month tenancy of the Apartment. The initial return date of the proceeding was March
26, 2009, at which time it was adjourned to April 30, 2009. Respondent interposed a written
answer dated April 29, 2009, setting forth ten affirmative defenses and four counterclaims,
which was accepted upon condition that all affirmative defenses except a defense asserting
retaliatory eviction and a defense asserting that the Apartment was subject to the Rent