[*1]
Cretans Assn. 'Omonoia' Inc. v Perkis
2004 NY Slip Op 50830(U)
Decided on July 19, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 19, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570122/04

CRETANS ASSOCIATION 'OMONOIA' INC., Petitioner-Landlord-Appellant- Cross-Respondent,

against

JORDAN PERKIS, Respondent-Tenant-Respondent- Cross-Appellant, -and- "JOHN DOE" and "JANE DOE", Respondents-Undertenants.


Landlord appeals from an order of the Civil Court, New York County, dated December 18, 2003 (Timmie Erin Elsner, J.) granting, upon reargument, tenant's motion to vacate the stipulation of settlement in a nonpayment summary proceeding and to amend the answer. Tenant cross-appeals from the order insofar as it denied his motion to dismiss the petition.


PER CURIAM:

Order dated December 18, 2003 (Timmie Erin Elsner, J.) affirmed, without costs. [*2]

Civil Court providently exercised its discretion in vacating the stipulation executed by the pro se tenant and in permitting him, now represented by counsel, to amend his answer to assert fundamental defenses relating to the amount of legal regulated rent and the applicability of Multiple Dwelling Law §302 (see 144 Woodruff Corp. v Lacrete, 154 Misc 2d 301).

We have considered the issues raised on tenant's cross-appeal and conclude that dismissal of the nonpayment petition is not warranted on the existing record.

This constitutes the decision and order of the court.