277 Enterprises, LLC v. Lebron

OPINION OF THE COURT

Memorandum.

Order reversed without costs and tenant’s motion for summary judgment dismissing the petition granted.

In this nonpayment proceeding, landlord seeks to recover alleged rent arrears of $377.55 per month for the 31 months from January 2003 through July 2005. Tenant denies that any rent is due, contending that she is still deducting a May 1997 Division of Housing and Community Renewal (DHCR) overcharge award of $32,818.38 from the rent as it accrues. In opposition to tenant’s motion for summary judgment based on this defense, landlord asserted that the DHCR award is…