Pine v. Lish

OPINION OF THE COURT

Peter M. Wendt, J.

This is a motion by petitioner under CPLR 3211 (b) and *6233212 for an order dismissing respondent’s first and second affirmative defenses in a proceeding for nonpayment of rent. Both affirmative defenses focus on the contention that the premises are subject to a mortgage insured by the United States Department of Housing and Urban Development (HUD) pursuant to section 221 (d) (4) of the National Housing Act (12 USC § 1715l [d] [4]). The first affirmative defense claims that the regulations of the Secretary of HUD prohibit the commencement of legal…