562 W. 174th Equities LLC v. Mednik

562 W. 174th Equities LLC v Mednik 2025 NY Slip Op 31529(U) April 21, 2025 Civil Court of the City of New York, New York County Docket Number: Index No. LT-317355-23/NY Judge: Daniele Chinea Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

INDEX FILED: NEW YORK CIVIL COURT - L&T 04/21/2025 10:57 AMNO. LT-317355-23/NY [HO] NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2025

Civil Court of the Ciry of New York Index # LT-317355-23/NY County ofNew York, Part F, Room 523 ilt Iiltilll]iltI I ililililil|t il]lil iltt]t West 174th Eguities LLC Petit ioner (s) Decision / Order -against- Seqs3&4 Stella Aminov Mednj-k; nJ-ohn" "Doen. nJanen 'Doe' Respondent (s ) Recitation, as required by CPLR 22 l9(a), of the papers considered in the review of Petitioner's motion to strike defenses and grant summary judgment (Seq 3); and Respondent's cross-motion for discovery as to its defense that the Premises was im- properly deregulated (Seq 4): Papers Numbered Notice of Motion and Affi davits /Affirmations annexed 23 Cross-Motion Affi davits/ Affi rmations 24-34 Opposition/Reply Affi davits Affi rmations 37 -43 Reply Affirmation 45 Petitioner commenced this holdover proceeding on September l, 2023, claiming Respondent - the tenant ofrecord occupies the premises pursuant to a lease exempt from rent regulation due to high rent deregulation in 2016. Respondent filed an answer claiming, in part, that the Premises is rent-stabilized. The claim is based upon Petitioner's predecessor- in-interest's filing with the NYS Division of Homes and Community Renewal (DHCR).

The instant motions were taken on submission on December 10,2024.

On March 27,2024, Petitioner commenced another holdover action (LT-305 880-24NY). That action is also pending before this Court. In that proceeding, as well as two prior proceedings. Petitioner claimed the Prem- ises IS subject to Rent Stabilization. Petitioner amended the petition in LT-305880-24AIY to claim the Premises is exempt; however, the Court finds by filing a second holdover six-months after commencing this proceeding in which it claims the Premises is rent-stabilized, while litigating that very issue in this proceeding. is highly prejudi- cial and confusing. Moreover, now that Petitioner has amended the petition in LT-305 880-24.tJY to claim exemp- tion from rent-stabilization, that proceeding is in the same basic posture as this one the parties are litigating the proper legal status of the Premises.

Given the foregoing, the Court dismisses this proceeding without prejudice to the claims and defenses in LT-305880-24NY. This proceeding was mooted by Petitioner's commencement ofanother holdover making con- flicting claims without waiting for resolution in this proceeding. As this proceeding is dismissed, the motions are moot.

This constitutes the decision and order ofthe Court. A copy will be uploaded to I.IYSCEF

Dated: Apdl 2 l, 2025 So

-ttOt't. HIhIEA e CUTFIT J.J$OE' riu{-

[* 1] 1 of 1