Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion: Papers Numbered NYSCEF Doc. Nos. 26-43 Order to show Cause/ Notice of Motion and Affidavits / Affirmations annexed Answering Affidavits/ Affirmations Reply Affidavits/ Affirmations Memoranda of Law Other Decision / Order Upon the foregoing cited papers, the Decision/ Order on the (motion / order to show cause) is (granted / denied) for the following reason(s): Respondent moves for summary judgment as to respondent’s counterclaim for an Order to Correct, citing numerous HPD violations for the subject premises. In opposition, petitioner argues that significant expenditures have been made to cure the violations, and that respondent has blocked access for work to proceed. Summary judgment is appropriate when the proponent has established entitlement to judgment as a matter of law, and opponent of the motion has not raised a triable issue of fact to defeat the prima facie showing (CPLR §3212; Alvarez v. Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v. City of New York, 49 NY2d 557, 562 [1980]). Here, while petitioner discusses numerous issues of fact that may be raised at trial with respect to the underlying action and defenses thereto, as to the specific counterclaim on which summary judgment is sought here no issue has been raised to defeat the prima facie showing of respondent’s entitlement to an Order to Correct. Denial of access is not a cognizable defense to an order to correct (Vargas v. 112 Suffolk St. Apt. Corp., 65 Misc. 3d 1214(A) [Civ Ct NY Cty 2020]; D’Agostino v. Forty-Three E. Equities Corp., 12 Misc. 3d 486, 490 [Civ Ct NY Cty 2006]), and neither is progress or significant expenditure on repairs that did not yet result in removal of HPD violations. Accordingly, the Court grants respondent’s motion to the extent of ordering petitioner to correct all outstanding HPD violations for the subject premises. Access to be arranged by the parties, who are both represented by counsel. Petitioner must comply with all relevant laws, codes, and requirements in abating the conditions. Dated: September 6, 2024
