Esplanade 94 LLC v. Pavella

OPINION OF THE COURT

Final judgment, entered December 18, 2015, affirmed, with $25 costs.

Landlord’s cross motion for summary judgment on the nonpayment petition was properly granted. The undisputed evidence in the record establishes that Jessica Pavella, the “permanent tenant” of the subject hotel dwelling unit (Rent Stabilization Code [RSC] [9 NYCRR] § 2520.6 |j]), stopped paying rent in October 2011, and owed landlord some $39,000 in rent arrears.

No triable issue was raised by tenant as to any rent overcharge. Because the overcharge counterclaim was interposed in October 2013, the base date…