Justice Saliann Scarpulla
In this residential landlord/tenant action plaintiff, administratrix of her late-grandmother, Paris’s estate, moved for partial summary judgment on her claim for rescission against defendants Gonzalez and Giscombe-Henderson Inc. (GHI). Paris owned a rent stabilized building and GHI was hired by the Public Administrator (PA) to manage it. Gonzalez was GHI’s former employee and occupies an apartment in the building, issued to her by GHI at a monthly rent of $440. The PA terminated GHI after it failed to relocate Gonzalez or have her sign a rent stabilized lease. Upon expiration of the lease, the PA refused to issue Gonzalez a renewal lease. Plaintiff sought rescission and money damages arguing GHI was not authorized to enter into a new lease for vacant space or set the rental amount. The court found plaintiff made a prima facie showing that GHI lacked authority to enter into a lease with Gonzalez, ruling the lease was void. Yet, it stated there was a question of fact of Gonzalez’s exact duties in the building, and if she was properly employed by GHI as a superintendent, making the apartment rental incidental to her employment. Also, the court found questions existed if plaintiff had a non-retaliatory motive for bringing the instant suit for Gonzalez bringing a personal injury action.
