Opinion
570478/09.
Decided October 14, 2009.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Eardell J. Rashford, J.), dated February 19, 2009, which, inter alia, denied her motion for summary judgment on her counterclaims in a holdover summary proceeding, and, sua sponte, dismissed tenant's first and second counterclaims.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
Order (Eardell J. Rashford, J.), dated February 19, 2009, modified by reinstating tenant's second counterclaim and, as modified, affirmed, with $10 costs.
In view of landlord's failure to refute by competent evidence the factual allegations underpinning tenant's colorable harassment counterclaim (Administrative Code of City of New York § 27-2004[48]), the court erred in dismissing that claim. Having sufficiently raised in her motion papers the issue of sanctions pursuant to 22 NYCRR 130-1.1, tenant may renew her request for such sanctions in Civil Court.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.