West Side Marquis LLC v Lombard

Abstract

In this nonpayment proceeding, the landlord moved to strike the tenant\u27s affirmative defenses and counterclaims, and the tenant cross-moved to amend their answer. The court partially granted the landlord\u27s motion, dismissing some defenses (personal jurisdiction for petition, breach of prior stipulation) and several counterclaims (duplicative, tort claims outside jurisdiction). However, defenses challenging predicate notice service, validity of rent, retaliatory eviction, harassment, and warranty of habitability were sustained. The tenant\u27s cross-motion to amend the answer to add rent overcharge defenses and a counterclaim, challenging the legal rent history and a prior agreement, was granted, finding them not devoid of merit