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Cashew Holdings LLC v. Thorpe-Poyser

Absent Certificate of Occupancy, Letter of No Objection Landlord Cannot Collect Rent

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion seeking renewal and reargument of this court’s August 3, 2017 decision/order, vacatur of the parties’ so-ordered January 23, 2017 stipulation, dismissal of the petition and for further relief:Papers NumberedNotice of motion, affirmation and exhibits annexed 1Affirmation in opposition and exhibits annexed 2Reply Affirmation and exhibits annexed 3Sur-reply affirmation and exhibits annexed 4DECISION/ORDER AFTER ARGUMENT

*1 Petitioner commenced this nonpayment proceeding in December 2016 seeking $11,575.00 in rent and additional rent for the premises at 241 Beach 118th Street, Apt. 2nd Fl., Queens, NY 11694 (the “subject premises”). Respondent appeared unrepresented and interposed an answer alleging two affirmative defenses: payment and breach of the warranty of habitability. The parties originally settled this nonpayment proceeding on January 23, 2017, pursuant to a so-ordered stipulation. Pursuant to that stipulation, petitioner obtained a final judgment of possession in the amount of $13,955.00, representing respondents’ portion of the rent arrears*2

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