656 Realty, LLC v Jimmy J. Cabrera (2009 NY Slip Op 52767(U))
[*1]
656 Realty, LLC v Jimmy J. Cabrera
2009 NY Slip Op 52767(U) [27 Misc 3d 1225(A)]
Decided on March 3, 2009
Civil Court Of The City Of New York, New York County
Kaplan, 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This opinion is uncorrected and will not be
published in the printed Official Reports.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 March 3, 2009
Civil Court of the City of New York, New York
County
656 Realty, LLC,
Petitioner-Landlord,
against
Jimmy J. Cabrera, 656 W. 162nd Street, Apartment 2F New York,
New York 10032, Respondent-Tenant, "John Doe" & "Jane Doe" Respondents-Undertenants.
83041/07
Attorney for Petitioner
Leonard R. Kaplain, Esq.
Horing Welikson & Rosen, PC
11 Hillside Avenue
Williston Park, New York 11596
(516) 535-1700
Attorney for Respondent
Kendall A. Johnson, Esq.
The Law Project
15 Maiden Lane, 18th Floor
New York, New York 10038
(212) 577-3001
David J. Kaplan, J.
Petitioner, 656 Realty, LLC, commenced this lease expiration holdover proceeding against
James J. Cabrera ("respondent") on the premise that the apartment he occupies at 656 West
162nd Street, Apt 2F, is not subject to rent regulation as it "was or became vacant on or after
April 1, 1994, [*2]and had a regulated rent of $2,000 or more per
month." Respondent answered the petition by asserting the following defenses and
counterclaims: (1) the subject premises are subject to rent stabilization as the premises receive
the benefits of a J-51 tax abatement; (2) failure to state grounds for eviction as required by the
Rent Stabilization Law ("RSL"); (3) petitioner failed to allege that a predicate notice was served