New York Supreme and/or Appellate Courts APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
December 23, 2011
GYL-MARIA ROSE, PETITIONER-LANDLORD-RESPONDENT,
ALEKSANDR KULITSA, RESPONDENT-TENANT-APPELLANT.
Rose v Kulitsa
Decided on December 23, 2011
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Sheldon J. Halprin, J.), entered March 28, 2011, after a non-jury trial, which awarded landlord possession and a recovery of rent arrears in the principal sum of $l4,764.61 in a nonpayment summary proceeding.
Final judgment (Sheldon J. Halprin, J.), entered March 28, 2011, affirmed, without costs.
Landlord was properly awarded possession and a net money judgment for rent arrears shown to be due at the trial of the instant nonpayment summary proceeding. The pendency of tenant's petition for administrative review in his previously commenced rent overcharge proceeding should not serve to deprive landlord of the "summary" remedy made available under RPAPL Article 7. Notably, the amount of rent arrears due landlord substantially exceeded the amount owing to tenant on his rent overcharge complaint, resulting in a net balance in landlord's favor. In the event tenant ultimately obtains the requested for relief before the agency, he may take an offset against then-current rent or enforce the DHCR order as a judgment (see Rent Stabilization Code [9 NYCRR] § 2526.1[e]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 23, 2011
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