The Appellate Division reversed the motion court's determination that defendant was entitled to summary judgment dismissing the complaint on the ground that he is an out-of-possession landlord. In addition, it was permissible for plaintiff to plead defendant's violation of Administrative Code of City of New York § 7-210 in opposition to defendant's motion, as plaintiff did not raise a new theory of liability or prejudice.
Herrera v. Vargas, NY Slip Op 03082 (1st Dep't May 28, 2020)
Here is the decision.
