Cenpark Realty LLC v. Gurin

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 21, 2012, which, to the extent appealed from, granted plaintiffs motion for summary judgment dismissing defendant Marmelstein’s ninth affirmative defense asserting succession rights to a rent-stabilized lease, and denied Marmelstein’s cross motion to amend the ninth affirmative defense, unanimously reversed, on the law, without costs plaintiffs motion denied, and Marmelstein’s cross motion granted.

In this action for eviction and other relief, plaintiff failed to meet its burden of showing that Marmelstein’s ninth…