Gotham Realty Holdings, L.L.C. v Weisenthal

[*1] Gotham Realty Holdings, L.L.C. v Weisenthal 2009 NY Slip Op 52072(U) [25 Misc 3d 128(A)] Decided on October 14, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
.

Gotham Realty Holdings, L.L.C., Petitioner-Landlord-Respondent, 570478/09

against

Anne Weisenthal, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Eardell J. Rashford, J.), dated February 19, 2009, which, inter alia, denied her motion for summary judgment on her counterclaims in a holdover summary proceeding, and, sua sponte, dismissed tenant's first and second counterclaims.

Per Curiam.

Order (Eardell J. Rashford, J.), dated February 19, 2009, modified by reinstating tenant's second counterclaim and, as modified, affirmed, with $10 costs.

In view of landlord's failure to refute by competent evidence the factual allegations underpinning tenant's colorable harassment counterclaim (Administrative Code of City of New York § 27-2004[48]), the court erred in dismissing that claim. Having sufficiently raised in her motion papers the issue of sanctions pursuant to 22 NYCRR 130-1.1, tenant may renew her request for such sanctions in Civil Court.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 14, 2009