Preview:

58 E. 130th St. LLC v Mouton (2009 NY Slip Op 29309)

Civil Court of the City of New York, New York County, July 21, 2009
APPEARANCES OF COUNSEL
David Moss & Associates (David Moss of counsel), for petitioner. Gregory Mouton, respondent pro se.
{**25 Misc 3d at 510} OPINION OF THE COURT
Ruben A. Martino, J.
Introduction
Petitioner commenced the instant nonpayment proceeding against respondent and moves for an order: (a) dismissing and/or severing respondent's affirmative defenses and/or counterclaims; (b) striking respondent's jury demand; (c) quashing respondent's discovery demands; and (d) granting any other and further relief that the court deems as just and proper. Respondent cross-moves for an order dismissing the petition because: (a) the subject building lacks a certificate of occupancy; (b) petitioner did not wait the requisite 30 days after allegedly serving the three-day notice; (c) the alleged three-day notice is facially invalid; and (d) petitioner failed to properly serve its notice of petition and petition. Additionally, respondent cross-moves (a) for an order denying petitioner's motion in its entirety, and (b) for such other and further relief as the court deems just and proper. Based on petitioner's notice of motion; respondent's notice of cross motion; petitioner's affirmation
file:///C|/Users/Peter/Desktop/NY/1/2009_29309.htm[4/21/2013 11:21:12 AM] 58 E. 130th St. LLC v Mouton (2009 NY Slip Op 29309)
in opposition to respondent's motion and in further support of petitioner's motion; and respondent's reply affidavit, the court decides as follows.
Decision
Respondent is a tenant in petitioner's multiple dwelling premises. A Department of Buildings (DOB) inspection revealed a violation invalidating the building's certificate of occupancy (C/O) (notice of cross motion, exhibit D, Environmental Control Board [ECB] violation No. 34758165Z). Multiple Dwelling Law

Download 2009_29309.pdf

New York Law