Avenue A at St Marks Associates, LLC, Avenue A Schneider Partners, LLC v. Badiyi

In this nonpayment proceeding, the tenant moved for dismissal, summary judgment, leave to amend the answer, and to reargue a prior decision. The court denied the motion to reargue as untimely under CPLR § 2221(d)(3). The motion to dismiss or for summary judgment was also denied, finding the landlord sufficiently pleaded the premises' deregulation status and its interest. While the court granted the tenant's request to amend the answer to include failure to state a cause of action and breach of warranty of habitability defenses, it struck the rent overcharge counterclaim and related defense, applying the law of the case doctrine as these had been previously dismissed. The proceeding was restored for trial.