Striver, 140 LLC v. Cruz

OPINION OF THE COURT

Order entered June 5, 2002 modified to deny tenants’ motion for summary judgment and to reinstate the petition; as modified, order affirmed, without costs.

We do not disturb Civil Court’s exercise of discretion insofar as it vacated the stipulation executed by the pro se tenants and permitted them to defend the nonpayment proceeding on the merits. Tenants have made a prima facie showing of defenses based upon breach of the warranty of habitability and rent overcharge.

Tenants, recipients of public assistance, are not entitled under prevailing precedent, however, to summary…