188-90 Eighth Avenue Housing Development Fund Corp. v. Guzman

*1035OPINION OF THE COURT

Joseph E. Capella, J.

The petitioner commenced this holdover proceeding on the premise that the respondent is a month-to-month tenant not subject to any rent regulation. The respondent interposed an answer alleging, inter alia, that she is either the owner of the cooperative shares for the subject unit or, alternatively, the rent-controlled tenant. The petitioner now moves to strike all of the respondent’s affirmative defenses (CPLR 3211) and seeks summary judgment (CPLR 3212) in its favor, and the respondent likewise cross-moves for summary judgment.

There is no dispute…