| Conversions for Real Estate, LLC v Granik |
| 2006 NY Slip Op 51611(U) [12 Misc 3d 148(A)] |
| Decided on August 21, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from (1) an order of the Civil Court, New York County (Geoffrey D. Wright, J.), dated June 16, 2005, which denied its motion for summary judgment and to strike defendant's affirmative defenses and counterclaims, and (2) so much of an order (same court and Judge), entered January 31, 2006, as, upon reargument, adhered to the prior decision.
PER CURIAM:
Order (Geoffrey D. Wright, J.), entered January 31, 2006, modified to grant summary judgment to plaintiff in the amount of $498.56 for unpaid electrical charges; strike all affirmative defenses except number 11; strike defendant's second and third counterclaims, and strike defendant's demand for punitive damages; and as so modified, affirmed, with $10 costs. Appeal from order (Geoffrey D. Wright, J.), dated June 16, 2005, dismissed, without costs, as superseded by the appeal from the order of January 31, 2006.
Plaintiff proprietary lessee demonstrated entitlement to summary judgment with respect to its claim for unpaid electrical charges owed by the defendant tenant through the submission of an affidavit from its managing agent attesting that the electrical charges remain unpaid, and itemized bills, ledgers and meter readings showing the amount of outstanding charges. Defendant's submissions in opposition were insufficient to raise an issue of fact as to whether the charges were owed.
While issues of fact exist with respect to defendant's counterclaim for breach of warranty of habitability, her demand for punitive damages in connection with said claim should have been stricken in the absence of allegations tending to show that plaintiff's conduct was intentional or malicious, or rose to the level of high moral culpability or indifference to civil obligations (see Ghadamian v Channing, 295 AD2d 127 [2002]; cf. Minjak v Randolph, 140 AD2d 245 [1988]).
Defendant's remaining affirmative defenses and counterclaims are no longer [*2]viable in view of the conversion of the underlying nonpayment summary proceeding into a plenary action.
This constitutes the decision and order of the court.
Decision Date: August 21, 2006