QPII-35-12 99th Street, LLC v. Batista

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is affirmed, without costs, so much of the order as granted tenant’s motion for leave to amend her answer to interpose a defense of rent-impairing violations pursuant to Multiple Dwelling Law § 302-a is vacated, and tenant’s motion is denied.

In this nonpayment summary proceeding, tenant’s answer raised the defense that there were conditions in the apartment needing repair and/or services not provided. After tenant defaulted on various stipulations in which she had agreed to pay the arrears by dates certain, and in which landlord…