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Schaer v. Park Terrace Realty LLC

Apartment That Was Not Properly De-Regulated Reverted Back to Rent-Stabilized Status

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 92, 93, 94, 95, 96, 97, 98, 99, 102 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER. DECISION + ORDER ON MOTION In this residential landlord/tenant action, defendants Park Terrace Realty, LLC (Park Terrace), Metropolitan Property Services (MPS), Matthew Weinstein (Weinstein) and Dominick Guarna (Guarna; together, defendants) move pursuant to CPLR §3212 for summary judgment dismissing the complaint, and plaintiffs Claudia Schaer (Schaer) and Vanessa Cruz (Cruz; together, plaintiffs) cross-move for partial summary judgment on the complaint. BACKGROUND Defendant Park Terrace is the corporate owner of a residential apartment building located at 221 Seaman Ave. in the County, City and State of New York [the building] (see notice of motion, exhibit A [verified complaint], 4 [NYSCEF document 45]). Co-defendant MPS is the building’s managing agent, and individual co-defendants Weinstein and Guarna are, respectively, the principal officers of Park Terrace and MPS (id.,

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