Delores J. Thomas, J.
*694This nonpayment proceeding was commenced after service of a notice of petition and petition. Respondent submitted an answer through an attorney. Thereafter respondent submitted an original notice of motion seeking: (1) leave to amend the answer to include an affirmative defense that the subject apartment is an illegal dwelling, (2) to state more precisely the grounds for respondent’s traverse claim, (3) dismissing the petition with prejudice and barring petitioner from collecting rent for any period for which there is no certificate of occupancy for the subject apartment, (4) dismissing the petition based on petitioner’s failure to make a proper demand for rent, (5) summary judgment on respondent’s claim that petitioner is liable for heat and hot water services, and (6) in the alterative, granting respondent leave to conduct discovery. Petitioner submitted an affirmation in opposition to respondent’s motion and states that petitioner has been in compliance with the law as it relates to the subject building and its contractual obligations pursuant to the subject lease. Respondent submitted a second notice of motion seeking leave to amend his answer to include additional affirmative defenses and counterclaims including (1) unfair and deceptive business practices in violation of the General Business Law, (2) an affirmative defense and counterclaims for fraud or negligent misrepresentation, (3) partial constructive or actual eviction and the apartment is an illegal dwelling, and (4) warranty of habitability claims. Petitioner submitted an affirmation in opposition to the motion to respondent’s second motion arguing that there was currently a motion pending before the court. Respondent submitted a sur-surreply affirmation in which counsel alleged that new information was learned after filing the respondent’s original motion and that was why respondent sought to interpose a second amended answer. Petitioner submitted a reply affirmation to oppose respondent’s amendment of his answer. DISCUSSION