have not be certified as corrected, and Petitioner failed to show any proof of attempts to
gain access to the Subject Premises to make repairs. Petitioner is directed to correct all
outstanding violations within 30 days. Access shall be arranged between the parties.
The court further finds that Respondent failed to establish a defense of laches. In
order for laches to apply, Respondent must show an unexplained delay by Petitioner in
seeking the arrears and prejudice to Respondent because of that delay (Karagiannis v.
Nasar/Hyer 35 Misc 3d 37). Respondent offered proof of neither element at trial.
Through the prior proceedings Respondent was on notice that Petitioner alleged rent was
due and was pursuing the claim. Respondent has failed to establish any intentional delay
or prejudice. Laches is an affirmative defense. It is Respondent's burden to prove,
(Dwyer v. Mazzola, 171 AD2d 726,727) and Respondent failed to meet his
burden.
Based on the foregoing, the Court finds that Respondent is entitled to an abatement
totaling $5994.70 [20% of January 2010 - August 2010 @ $592.36/month = $947.77 ] +
[25% of September 2010 - May 2011 @ $592.36/month = $1332.81] + [25% of June
2011 - May 2013 @ 619.02/month = $3714.12]
Petitioner established entitlement to $12,473.04 unpaid in arrears through May 2013,
subtracting the abatement, leaves $6478.34 remaining due through May 2013. Petitioner
is awarded a final judgment for $6478.34, issuance of the warrant shall be stayed five
days for payment.[FN2]
[*6]
This constitutes the decision and order of this
Court.
Dated: New York, New York
April 7, 2014
Hon. Sabrina B. Kraus
Footnotes
Footnote 1: The Court was unable
to obtain this file, as it has been placed in archives, but did take judicial notice of the