Benjamin Shapiro Realty Co. v. Henson

OPINION OF THE COURT

Barbara R. Kapnick, J.

Petitioner landlord, Benjamin Shapiro Realty Company, commenced this summary nonpayment proceeding against respondent tenant, Christina Henson, seeking back rent and possession of the subject premises, 101 West 57th Street (also known as The Buckingham), apartment 7H, New York, New York.

Petitioner now moves pursuant to CPLR 3211 (b) to dismiss respondent’s first defense, second defense, setoff and/or counterclaim, and third defense. Respondent cross-moves pursuant to CPLR 408 for an order granting her leave to conduct limited discovery.

Petitioner…