Hillside Place, LLC v. Shahid

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is reversed, without costs, landlord’s cross motion to, on the ground of abandonment, “dismiss” the petition and strike the counterclaims is denied, and the matter is remitted to the Civil Court for a new determination of the branch of tenant’s motion seeking relief pursuant to CPLR 3126.

In this nonpayment summary proceeding, tenant interposed counterclaims for, among other things, a rent overcharge. Insofar as is relevant to this appeal, by order dated October 17, 2011, the Civil Court granted the branch of a…