JPMCC2006-CIBC14 Dixs Ave. v. Mack

Landlord/Tenant Law

New York Law Journal


Judge Michael Pinckney

Mattone, the receiver for Dix McBride, sued in this nonpayment proceeding after serving tenant Mack a predicate rent demand. The parties entered into a stipulation granting petitioner's motion and granting Chase Bank a judgment granting tenant 30 days to satisfy it. Mack now moved to vacate the stipulation, noting she had meritorious defenses she was unaware of at the time she entered into the stipulation, including for a substantial abatement based on a warranty of habitability defense. Mack also raised the issue of Mattone's standing to begin the proceeding. The court noted petitioner moved to amend/substitute a "new petitioner" along with a referee's deed transferring the property to Chase months before Mattone served the rent demand or petition. It also noted petitioner did not address any of Mack's arguments, including the timing of the referee's deed transferring the property to Chase. The court stated it appeared Mattone did not have standing to begin the proceeding or make the rent demand. It found Mack raised potentially meritorious defenses, including the issue of standing, yet stated dismissal was unwarranted and granted vacatur of the stipulation.

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