24th Street Holding LLC v. Martinez

OPINION OF THE COURT

Order dated August 10, 2012, insofar as appealed from, reversed, with $10 costs, tenant’s motion denied, and petition reinstated. Appeal from order dated October 17, 2012, insofar as appealable, dismissed, without costs, as academic.

The underlying nonpayment proceeding is not ripe for summary dismissal, in view of tenant’s failure to establish, as a matter of law, the applicability of the. rent forfeiture provisions of Multiple Dwelling Law § 302 as a complete defense to the landlord’s facially viable rent claim. The building premises here involved were constructed at the…