The Second Counterclaim is based upon the warranty of habitability. Respondent seeks an
order for an abatement and an order directing Petitioner to correct the conditions and
damages.
The Third Counterclaim seeks legal fees based upon RPL Section 234.
Respondent supports her motion for summary judgment based upon her affidavit, sworn to
March 7, 2019.
Respondent avers that Petitioner Sinclair Securities, LLC is the Proprietary Lessee and
shareholder of the shares allocated to Apt. 2G. Petitioner is claimed to be in a course of conduct
to harass its remaining rent regulated tenants so it can sell their units, including Respondent's
unit, for a higher price.
Respondent has occupied 2G since 1981. In 1988 Respondent was provided a stabilized lease
that has been renewed continuously with the last lease being dated July 1, 2016.
The 1988 Lease states that the owner is Milton Prince, c/o Prince Enterprises of NY.
The July 10, 2016 ETPA Renewal Lease Form lists Sinclair Securities, LLC as the owner.
The Lease renewed for two years and expired September 30, 2018.
Respondent contends that Petitioner was legally required to notify her of the nonrenewal no
more than 120 days and not less than 90 days prior to the end of her current lease term. She also
contends that Petitioner was required to renew her lease.
Respondent writes that her brother lived in New Jersey and she took care of him. The brother
died in June of 2018.
The Respondent contends that the July 2018 Termination Notice is defective. The grounds of
defects are set forth in the affirmative defenses, numbered 5-8, outlined herein. Respondent notes
that no factual basis is provided for any time period where she lived elsewhere.