A landlord commenced a non-payment proceeding on June 23, 2021. On Aug. 17, 2021, after the tenant failed to respond, the landlord moved to restore the matter to the calendar for a hearing and requested a default judgment. On Jan. 18, 2022, the tenant’s counsel filed a notice of appearance.

On Jan. 19, 2022, the landlord withdrew its motion and the tenant was given until Feb. 11, 2022 to answer. The tenant filed the subject motion on Feb. 11, 2022. The tenant sought summary judgment on her “defense of laches.”

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