1935 ANDREWS AVENUE EQUITIES, pet-land-app, v. RAMON DIAZ, res-tent-res

16-074/075. 1935 ANDREWS AVENUE EQUITIES, pet-land-app, v. RAMON DIAZ, res-tent-res — Order (Marian C. Doherty, J.), dated January 5, 2015, insofar as appealable, reversed, with $10 costs, landlord’s motion granted to the extent it sought renewal, and upon renewal, tenant’s motion for summary judgment denied and the petition reinstated. Appeal from order (Marian C. Doherty, J.), dated September 3, 2014, dismissed, without costs, as academic.

Civil Court erred in denying landlord’s motion to renew. Landlord reasonably believed that it was unnecessary to submit an affidavit in opposition to tenant’s motion, since landlord submitted the parties’ written rent stabilized lease agreement, which set forth a monthly rent of $1,250, to refute tenant’s claim that he is a month-to-month tenant at a rent of $1,000 per month (see Segall v. Heyer, 161 AD2d 471, 473 [1990]; CPLR 2221[e][3]). On renewal, landlord demonstrated a material triable issue as to whether tenant executed and agreed to pay the rent amount set forth in the lease.