X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  Petitioner, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated January 25, 2019, as denied its motion for summary judgment and granted respondents’ cross motion to amend their answer without condition in a holdover summary proceeding. PER CURIAM Order (Gary F. Marton, J.), dated January 25, 2019, affirmed, with $10 costs. Petitioner’s motion for summary judgment on its possessory claim was properly denied, since it failed to demonstrate the absence of triable issues of fact with respect to the respondents’ family member succession defense. Although petitioner’s motion relies heavily on evidence indicating that respondent Chun Lam Lee, the son of the deceased rent controlled tenant, lived and worked in Maryland with his wife, respondent Fei Lam Lee, in the two years prior to tenant’s death, respondent Chum Lam Lee’s affidavit in opposition alleges that he and his wife are in the restaurant business and are required to spend several days per week in Maryland, where they stay in dormitory accommodations provided by their employer. Respondents have also submitted documentary proof indicating that they maintained extensive ties to the subject apartment during the relevant period. This conflicting evidence as to respondents’ residence creates factual issues precluding summary judgment. Civil Court also providently exercised its discretion in granting respondents’ motion to amend their answer to assert a succession claim by respondent Jessica Lee, the granddaughter of the deceased tenant. Evidence in the record indicates that Jessica returned to the apartment, where she lived years earlier, in May 2013 and resided there with her parents, respondents Chun Lam Lee and Fei Lam Lee, as well as her grandfather (tenant) for several years prior to tenant’s death in 2016. Respondents’ delay in seeking to amend a pleading does not warrant denial of the motion, in the absence of prejudice (see Cherebin v. Empress Ambulance Serv., Inc., 43 AD3d 364, 365 [2007]), i.e., “some indication that the [opposing party] has been hindered in the preparation of [its] case or has been prevented from taking some measure in support of [its] position” (Kocourek v. Booz Allen Hamilton Inc., 85 AD3d 502, 504 [2011][internal quotation marks omitted]). Here, petitioner has failed to demonstrate any such prejudice or surprise (see Tri-Tec Design, Inc. v. Zatek Corp., 123 AD3d 420 [2014]). Nor do we find any abuse of discretion in the denial of petitioner’s request for costs and attorneys’ fees as a condition for the amendment (see CPLR 3025[b]; Peach Parking Corp. v. 346 W. 40th St., LLC, 52 AD3d 260, 261 [2008]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›