2013, the proceeding was transferred to the expediter's part for assignment to a trial
judge. On March 28, 2013, a trial date was set for April 8, 2013. On April 8, 2013,
Petitioner made an application that was denied and the proceeding was dismissed by the
court.
The third proceeding was under 64909/13. Petitioner issued a rent demand dated
April 9, 2013 seeking $12,499.70 in arrears for a period covering August 2011 through
April 2013. The petition is dated April 22, 2013. Respondent filed an answer on May 13,
2013, seeking a traverse hearing, and asserting similar defenses including a claim for an
abatement for breach of warranty of habitability. The proceeding was initially returnable
May 21, 2013, and was adjourned for a traverse hearing to June 4, 2013. On June 4,
2013, the proceeding was discontinued, without prejudice, pursuant to a stipulation
which did not set forth the reason for the discontinuance.
TRIAL
This proceeding was assigned to Part L
for a traverse hearing on the service of the Notice of Petition and Petition and for trial on
April 2, 2014. After an initial conference, Respondent acknowledged proper service of
the petition and asserted he was seeking a traverse hearing on the rent demand. As
Respondent had failed to raise the issue of service of the rend demand in [*3]his answer, and the transfer order issued by the Resolution
Judge limited the traverse to service of the petition, the court did not conduct a traverse
hearing and proceeded to a trial on the merits. Petitioner did establish valid service of a
rent demand as part of its prima facie case, and the court noted that the affidavits
of service for the rent demand were proper.
Petitioner called Pamela Paragon (Paragon) as its' first witness. Paragon is the