NOAH H. SILVERMAN, 2346NA &plf-res, v. MARY JO D'ARCO, def-ap

2346N-. NOAH H. SILVERMAN, 2346NA &plf-res, v. MARY JO D’ARCO, def-ap — LEGAL SERVICES NYC, THE LEGAL AID SOCIETY, AND NYC PUBLIC ADVOCATE LETITIA JAMES, AMICI CURIAE.

Law Offices of Sanford F. Young, P.C., New York (Sanford F. Young of counsel), for ap — Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel), for res — LEGAL SERVICES NYC, BROOKLYN (EDWARD JOSEPHSON OF COUNSEL), FOR AMICI CURIAE.— Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered September 10, 2014, in favor of plaintiff, unanimously reversed, on the law and the facts, without costs, the answer reinstated, and the matter remanded for further proceedings to determine the correct amount of use and occupancy due, taking into account the lawful regulated rent for the unit during the relevant period and any evidence of defendant tenant’s defenses and counterclaims that might offset the sum due. Appeal from order, same court and Justice, entered August 13, 2014, which, among other things, granted the landlord’s motion for a default judgment in the amount of $40,700.50 for use and occupancy arrears unanimously dismissed, without costs, as subsumed in the appeal from the judgment.