warranty of habitability by failing to make repairs in accordance with applicable law. The
following conditions continue to exist in the Premises:
a.
Painting and plastering needed throughout entire apartment;
b.
Kitchen cabinets needs are peeling - need to be painted or
replaced;
c. Kitchen exhaust fan not
working;
d. Missing GFI outlets in kitchen, living room and
bedroom;
e. Missing Refrigerator - need a
refrigerator;
f. Missing Stove - need a
stove;
g. Repair holes in walls, floor, and window sills in
kitchen;
h. Bathroom tiles need to be
grouted;
I. Shower faucets are
leaking;
j. Bathroom tub, sink, and cabinets need to be repaired
or replaced due to damages caused by water leaks;
k. Various
windows are not operable in bedroom and living room; and,
l.
Outlets in bedroom, living room, and entranceway are not working
properly."
Respondent's attorney, Jennifer Ecker, Esq., submits her
Affirmation in Support of the Motion for Summary Judgment, dated March 7, 2019.
Jennifer Ecker states no jurisdiction exists due to non compliance with RPAPL Section 735
concerning service of the Notice of Petition and Petition.
Jennifer Ecker avers that Respondent waived its right to bring the summary proceeding
because Respondent created a new tenancy by accepting rent after the termination date of
September 30, 2018 and failing to timely commence its summary proceeding after September 30,
2018.
Petitioner's acceptance of the payments from Respondent after September 30, 2018, and its
delay in commencing the proceeding "constituted an implied continuance of Respondent's
tenancy, subject to the same conditions and terms as the original Lease between Petitioner and
Respondent."
Jennifer Ecker writes that the Predicate Notices and Petition are fatally defective because