Lana & Edward's Realty v. Lipari

*819OPINION OF THE COURT

Cheryl J. Gonzales, J.

Petitioner commenced this nonpayment proceeding on or about March 3, 2008 seeking rent from October 2007. The petition alleges that respondent is a month-to-month tenant, and the monthly rent is $900. Respondent interposed an answer asserting that respondent is a rent-controlled tenant and seeks damages for rent overcharge, treble damages and legal fees. Both parties are represented by counsel. In an order dated June 25, 2008, the Honorable Timmie Eisner granted petitioner’s motion to strike respondent’s rent overcharge counterclaim only as to any…