Opinion
2010-2488 Q C.
Decided July 28, 2011.
Appeal from an order of the Civil Court of the City of New York, Queens County (Anne Katz, J.), dated March 15, 2010, deemed from a final judgment of the same court entered March 16, 2010 (see CPLR 5501 [c]). The final judgment, entered pursuant to the March 15, 2010 order denying tenant's motion for summary judgment dismissing the petition and granting landlord's cross motion for summary judgment, awarded landlord possession and the principal sum of $9,605.28 as against tenant in a nonpayment summary proceeding, and dismissed tenant's counterclaim.
ORDERED that the final judgment is reversed, without costs, so much of the order dated March 15, 2010 as granted landlord's cross motion for summary judgment is vacated, landlord's cross motion for summary judgment is denied, tenant's counterclaim is reinstated, and the matter is remitted to the Civil Court for a trial on the disputed issues.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.
For the reasons stated in Saunders St. Owners, Ltd. v Gavriel Broudo ( ___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No. 2010-1658 Q C], decided herewith), the final judgment is reversed, so much of the order dated March 15, 2010 as granted landlord's cross motion for summary judgment is vacated, landlord's cross motion for summary judgment is denied, tenant's counterclaim is reinstated, and the matter is remitted to the Civil Court for a trial on the disputed [*2]issues.
Pesce, P.J., Golia and Steinhardt, JJ., concur.