Moskowitz v. Cartwright

OPINION OF THE COURT

Seymour Schwartz, J.

In this holdover proceeding, respondent tenant moves to dismiss the petition on the grounds of documentary evidence and for partial summary judgment on her claim of rent overcharge or, alternatively, for a stay pending a determination by the Loft Board of the overcharge claim. Petitioner landlord cross-moves for summary judgment, use and occupancy, and attorney’s fees, or, alternatively, to strike or sever tenant’s affirmative defenses and counterclaim.

*1133At issue here is whether the premises, a loft in an interim multiple dwelling pursuant to article 7-C…