Shoshany v. Goldstein

*688OPINION OF THE COURT

Gerald Lebovits, J.

In this summary holdover proceeding to recover a rent-stabilized apartment, petitioner moves under RPAPL 745 for use and occupancy from August 1, 2003 to date, or $29,044.74, at the last legal rent of $491.86 a month. Respondents argue that because they have asserted a breach of the warranty of habitability, petitioner is not entitled to past or future use and occupancy. Petitioner’s motion is granted to the extent explained below.

The parties have litigated this case for nearly five years. Petitioner initiated this proceeding in August 2003. Respondents…