58 East 130th Street LLC v. Mouton

OPINION OF THE COURT

Ruben A. Martino, J.

Introduction

Petitioner commenced the instant nonpayment proceeding against respondent and moves for an order: (a) dismissing and/or severing respondent’s affirmative defenses and/or counterclaims; (b) striking respondent’s jury demand; (c) quashing respondent’s discovery demands; and (d) granting any other and further relief that the court deems as just and proper. Respondent cross-moves for an order dismissing the petition because: (a) the subject building lacks a certificate of occupancy; (b) petitioner did not wait the requisite 30 days after…