Edelstein & Son, LLC v. Levin

OPINION OF THE COURT

Maria Milin, J.

In this nonpayment proceeding where petitioner seeks rental arrears from June 1998 through June 2002, respondent moves for an order pursuant to CPLR 3212 for partial summary judgment dismissing with prejudice all claims for rent accruing prior to August 1999. Respondent succeeded to the rent-controlled *686tenancy of Philip Cuppett after his death in August 1999. It is undisputed that prior to the death of Mr. Cuppett, respondent never tendered rent in her own name to petitioner, nor did petitioner make respondent a tenant. Petitioner opposes. Based upon the…