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Steck v. Sushkiw

Evidence Outweighed Probative Value of ECB Violation, Dismissing Holdover Against Tenant

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DECISION/ORDER

*1  Ulana Steck and Askold Lozynskyj, the petitioners in this proceeding (“Petitioners”), commenced this holdover proceeding against Andrew Sushkiw, the respondent in this proceeding (“Respondent”), seeking possession of 233 East 9th Street, Apt. 3A, New York, New York (“the subject premises”) on the ground that Respondent engaged in construction work, including a demolition of partitions, in the subject premises without a permit. Respondent interposed an answer asserting defenses of, inter alia, waiver, laches, and statute of limitations. The Court held a trial of this matter on October 27, 2017 and December 19, 2017 and adjourned the matter to January 16, 2018 for parties to make post-trial submissions. Petitioners proved at trial that they are the proper party to commence this proceeding; that Respondent is the tenant of record of the subject premises; that Respondent’s tenancy is subject to the Rent Control Law; and that Petitioners effectuated service of a predicate notice prior to the commencement of this proceeding and service of the notice of petition on the Division of Housing and Community Renewal (“DHCR”).An employee of Petitioners who testified that she worked for Petitioners’ management

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