Samson Management, LLC v. Hubert

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, the order entered February 2, 2009 granting plaintiff’s motion for summary judgment and for the dismissal of defendant’s counterclaim is vacated and plaintiff’s motion for summary judgment and for the dismissal of defendant’s counterclaim is denied.

Plaintiff, defendant’s former landlord, instituted this action to recover damages based upon defendant’s alleged breach of a lease for a rent-stabilized apartment, which lease plaintiff claims was deemed renewed, pursuant to Rent Stabilization Code (RSC) (9 NYCRR)…