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N.Y.C. Hous. Auth. Queensbridge S. Hous. v. Foote

NYCHA Denied Motion to Discontinue Nonpayment Proceeding as Prejudicial to Tenant

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of the petitioner’s motion for an order pursuant to CPLR 3211(a)(6) dismissing respondent’s counterclaim and permitting petitioner to discontinue the proceeding and respondent’s cross-motion pursuant to CPLR §3025(b) for leave to file an amended answer.Papers NumberedNotice of Motion and Affidavits Annexed           1Order to Show Cause and Affidavits AnnexedAnswering Affidavits           3Replying AffidavitsCross-Motion       2DECISION/ORDER

*1 Upon the foregoing papers, the Decision/Order on this motion is as follows:BackgroundPetitioner commenced the instant nonpayment proceeding by notice of petition and petition. The petition alleges that respondent owed $1,074.50 through April 2016. Respondent failed to answer the pleadings and petitioner was awarded a default judgment. On June 19, 2017, respondent moved, by counsel, to vacate the judgment alleging that her default was due to the fact that she is a victim of domestic violence and was locked out of the subject apartment by her abuser. Respondent further alleged that the rent sought in the pleadings had been paid. Respondent subsequently filed an answer with counterclaims for breach of the warranty of habitability and violation of housing standards. On July 17, 2017, the Court granted the order to

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