Rodriguez v. Flores

OPINION OF THE COURT

Ronni D. Birnbaum, J.

Respondent moves pursuant to CPLR 3212 (e) for partial summary judgment on her second affirmative defense that the rent charged by petitioner exceeds the lawful rent for the premises.

The underlying nonpayment proceeding is brought by petitioner to recover rent arrears from respondent, the tenant "of *161record” for apartment 5G at 708 West 177th Street, Borough of Manhattan, City and State of New York.

It is respondent’s contention that the owner forfeited his right to collect any rent increases when he failed to pay the annual registration fees required by…