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FILED: NEW
KINGS
YORK
CIVIL
COUNTY
COURT
CLERK
- L&T
08/11/2023
01/03/2022
05:22
05:37
PMPM INDEX
INDEX
NO. NO.
LT-082348-19/KI
150993/2022
NYSCEF DOC. NO. 294
31 RECEIVED NYSCEF: 08/11/2023
01/03/2022
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
__. __________-..---= -------X
326 STARR, LLC INDEX NO. 82348/19
Petitioner,
NOTICE OF APPEARANCE
AND ANSWER
-against-
CHRISTOPHER MARTINEZ
ALEXANDER PROSE
Respondents.
SIR/MADAM: PLEASE TAKE NOTICE, that the Respondent, Alexander Prose,
hereby appears in this action and that the undersigned has been retained as attorney for
the said Respondent and demand that you serve all papers in this action upon the
undersigned at the address stated below.
PLEASE TAKE FURTHER NOTICE, that the Respondent hereby interpose
the following answer to the complaint herein:
1. GENERAL DENIAL.
2. Denies each and every allegation set forth in paragraphs 6, 8, 9.
3. Information unavailable for Paragraph 1, 10
4. Admits in part denies in part allegations set forth in paragraph 2, 3, 4, 5, 7.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
5. Rent overcharge. Rent being charged by Petitioner is illegal and violates
applicable Rent Stabilization Laws.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
6. Demand notice defective on its face. Not signed. No authority annexed thereto.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
FILED: NEW
KINGS
YORK
CIVIL
COUNTY
COURT
CLERK
- L&T
08/11/2023
01/03/2022
05:22
05:37
PMPM INDEX
INDEX
NO. NO.
LT-082348-19/KI
150993/2022
NYSCEF DOC. NO. 294
31 RECEIVED NYSCEF: 08/11/2023
01/03/2022
7. Failure to properly demand rent. Failure to send the five day demand monthly
with regard to rent allegedly owed.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
8. Illegal amounts demanded herein. Improper increase in initial rent for
Respondent.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
9. Respondent paid rent in the amount of $2,900.00 per month for April 2019 to
August 2019, which on information and belief at least $2,000.00 overcharge per month,
totaling $10,000.00 plus treble damages of $30,000.00.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
10. Failed to provide proper Rent Stabilized lease with proper riders.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
11. Respondent respectfully requests that the Court set the legal rent for the
apartment.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE:
12. Failure to state a cause of action in Petition.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
13. Apartment is subject to Rent Stabilization, and Petitioner charged an illegal rent.
AS AND FOR A FIRST COUNTERCLAIM:
14. Respondent repeats aforementioned paragraphs.
15. Petitioner has paid an illegal rental amount for the subject premises.
FILED: NEW
KINGS
YORK
CIVIL
COUNTY
COURT
CLERK
- L&T
08/11/2023
01/03/2022
05:22
05:37
PMPM INDEX
INDEX
NO. NO.
LT-082348-19/KI
150993/2022
NYSCEF DOC. NO. 294
31 RECEIVED NYSCEF: 08/11/2023
01/03/2022
16. That as a result of the rent Respoñdéñt demands the return of no less
overcharge,
than $30,000.00, and exemplary and punitive damages.
AS AND FOR A SECOND COUNTERCLAIM
17. Respondent repeats aforementioned paragraphs.
18. That as a direct result of Petitioner's action, respondent prays for reasonable
attorney's fees, as well as costs and disbursements in defending this proceeding.
WHEREFORE, Respondent respectfully request.
1. Dismissal of the Petition and Notice of Petition with prejudice.
2. Judgment for Respondent on the aforemeñ†ioned counterclaims; and
3. For such other and further relief as to this Court may seem just and proper.
Dated: November 12, 2019
Yours, etc.,
Marc Aronson, Esq.
Attorney for Respondent
107 Smith Street
Brooklyn, NY 11201
718-237-1960
TO: Seth Denenberg
Sperber Dcnenberg & Kahan, P.C.
Attorney for Petitioner
37* 16*
48 West Street, Floor
New York, NY 10018
917-351-1335
FILED: NEW
KINGS
YORK
CIVIL
COUNTY
COURT
CLERK
- L&T
08/11/2023
01/03/2022
05:22
05:37
PMPM INDEX
INDEX
NO. NO.
LT-082348-19/KI
150993/2022
NYSCEF DOC. NO. 294
31 RECEIVED NYSCEF: 08/11/2023
01/03/2022
STATE OF NEW YORK COUNTY OF KINGS
I, the undersigned, being duly sworn deposes and says: I am the Respondent in
this proceediñg; I have read the Notice of Appearance and Answer and know
foregoing
the contents thereof; the same is true to my 1mowledge, except as to the matters therein
stated to be alleged on information and belief, and as to those matter I believe them to be
SWORN TO BEFORE ME O
THIS AY OF 200 xan er Prose
ARC ARO
SON
Notary Public, Stat of NewYork
No.02AR61 212
Quali ed in Kings
County
Commission Expires April 28, 20
FILED: NEW
KINGS
YORK
CIVIL
COUNTY
COURT
CLERK
- L&T
08/11/2023
01/03/2022
05:22
05:37
PMPM INDEX
INDEX
NO. NO.
LT-082348-19/KI
150993/2022
NYSCEF DOC. NO. 294
31 RECEIVED NYSCEF: 08/11/2023
01/03/2022
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
----________________---_______--------- -----..___x
326 STARR, LLC INDEX NO. 82348/2019
Petitioner,
-against-
CHRISTOPHER MARTINEZ
ALEXANDER PROSE
Respondents.
NOTICE OF APPEARANCE AND ANSWER
MARC ARONSON
ATTORNEY FOR RESPONDENT
107 Smith Street
Brooldyn, NY 11201
(718) 237-1960
To:
S re (R 30-
-a)
Attorney (s) for /-Mar Arons
Please take notice
( ) Notice of Entry
that the within is a true copy of a
duly entered in the office of the elerk of the within named court on
()Notice of Settlement
that an order
of which the within is a true copy will be presented for settkmcat to the
Hon.
Of the within named court at
On 20 at m.
Dated: Brooldyn, N.Y.
,2019 Yours etc.
Mare Aronson
Attorney for Respondent
107 Smith Street
Brooldyn, NY 11201
(718) 237-1960
Preview
FILED: NEW KINGS YORK CIVIL COUNTY COURT CLERK - L&T 08/11/2023 01/03/2022 05:22 05:37 PMPM INDEX INDEX NO. NO. LT-082348-19/KI 150993/2022 NYSCEF DOC. NO. 294 31 RECEIVED NYSCEF: 08/11/2023 01/03/2022 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS __. __________-..---= -------X 326 STARR, LLC INDEX NO. 82348/19 Petitioner, NOTICE OF APPEARANCE AND ANSWER -against- CHRISTOPHER MARTINEZ ALEXANDER PROSE Respondents. SIR/MADAM: PLEASE TAKE NOTICE, that the Respondent, Alexander Prose, hereby appears in this action and that the undersigned has been retained as attorney for the said Respondent and demand that you serve all papers in this action upon the undersigned at the address stated below. PLEASE TAKE FURTHER NOTICE, that the Respondent hereby interpose the following answer to the complaint herein: 1. GENERAL DENIAL. 2. Denies each and every allegation set forth in paragraphs 6, 8, 9. 3. Information unavailable for Paragraph 1, 10 4. Admits in part denies in part allegations set forth in paragraph 2, 3, 4, 5, 7. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 5. Rent overcharge. Rent being charged by Petitioner is illegal and violates applicable Rent Stabilization Laws. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 6. Demand notice defective on its face. Not signed. No authority annexed thereto. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: FILED: NEW KINGS YORK CIVIL COUNTY COURT CLERK - L&T 08/11/2023 01/03/2022 05:22 05:37 PMPM INDEX INDEX NO. NO. LT-082348-19/KI 150993/2022 NYSCEF DOC. NO. 294 31 RECEIVED NYSCEF: 08/11/2023 01/03/2022 7. Failure to properly demand rent. Failure to send the five day demand monthly with regard to rent allegedly owed. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 8. Illegal amounts demanded herein. Improper increase in initial rent for Respondent. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 9. Respondent paid rent in the amount of $2,900.00 per month for April 2019 to August 2019, which on information and belief at least $2,000.00 overcharge per month, totaling $10,000.00 plus treble damages of $30,000.00. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: 10. Failed to provide proper Rent Stabilized lease with proper riders. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 11. Respondent respectfully requests that the Court set the legal rent for the apartment. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE: 12. Failure to state a cause of action in Petition. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: 13. Apartment is subject to Rent Stabilization, and Petitioner charged an illegal rent. AS AND FOR A FIRST COUNTERCLAIM: 14. Respondent repeats aforementioned paragraphs. 15. Petitioner has paid an illegal rental amount for the subject premises. FILED: NEW KINGS YORK CIVIL COUNTY COURT CLERK - L&T 08/11/2023 01/03/2022 05:22 05:37 PMPM INDEX INDEX NO. NO. LT-082348-19/KI 150993/2022 NYSCEF DOC. NO. 294 31 RECEIVED NYSCEF: 08/11/2023 01/03/2022 16. That as a result of the rent Respoñdéñt demands the return of no less overcharge, than $30,000.00, and exemplary and punitive damages. AS AND FOR A SECOND COUNTERCLAIM 17. Respondent repeats aforementioned paragraphs. 18. That as a direct result of Petitioner's action, respondent prays for reasonable attorney's fees, as well as costs and disbursements in defending this proceeding. WHEREFORE, Respondent respectfully request. 1. Dismissal of the Petition and Notice of Petition with prejudice. 2. Judgment for Respondent on the aforemeñ†ioned counterclaims; and 3. For such other and further relief as to this Court may seem just and proper. Dated: November 12, 2019 Yours, etc., Marc Aronson, Esq. Attorney for Respondent 107 Smith Street Brooklyn, NY 11201 718-237-1960 TO: Seth Denenberg Sperber Dcnenberg & Kahan, P.C. Attorney for Petitioner 37* 16* 48 West Street, Floor New York, NY 10018 917-351-1335 FILED: NEW KINGS YORK CIVIL COUNTY COURT CLERK - L&T 08/11/2023 01/03/2022 05:22 05:37 PMPM INDEX INDEX NO. NO. LT-082348-19/KI 150993/2022 NYSCEF DOC. NO. 294 31 RECEIVED NYSCEF: 08/11/2023 01/03/2022 STATE OF NEW YORK COUNTY OF KINGS I, the undersigned, being duly sworn deposes and says: I am the Respondent in this proceediñg; I have read the Notice of Appearance and Answer and know foregoing the contents thereof; the same is true to my 1mowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matter I believe them to be SWORN TO BEFORE ME O THIS AY OF 200 xan er Prose ARC ARO SON Notary Public, Stat of NewYork No.02AR61 212 Quali ed in Kings County Commission Expires April 28, 20 FILED: NEW KINGS YORK CIVIL COUNTY COURT CLERK - L&T 08/11/2023 01/03/2022 05:22 05:37 PMPM INDEX INDEX NO. NO. LT-082348-19/KI 150993/2022 NYSCEF DOC. NO. 294 31 RECEIVED NYSCEF: 08/11/2023 01/03/2022 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS ----________________---_______--------- -----..___x 326 STARR, LLC INDEX NO. 82348/2019 Petitioner, -against- CHRISTOPHER MARTINEZ ALEXANDER PROSE Respondents. NOTICE OF APPEARANCE AND ANSWER MARC ARONSON ATTORNEY FOR RESPONDENT 107 Smith Street Brooldyn, NY 11201 (718) 237-1960 To: S re (R 30- -a) Attorney (s) for /-Mar Arons Please take notice ( ) Notice of Entry that the within is a true copy of a duly entered in the office of the elerk of the within named court on ()Notice of Settlement that an order of which the within is a true copy will be presented for settkmcat to the Hon. Of the within named court at On 20 at m. Dated: Brooldyn, N.Y. ,2019 Yours etc. Mare Aronson Attorney for Respondent 107 Smith Street Brooldyn, NY 11201 (718) 237-1960