Opinion
12-03-2015
Ajet DELAJ, et al., Plaintiffs–Respondents, v. BRONX PARK EAST HOUSING, INC., Defendant–Appellant.
Law Offices of Richard G. Monaco, P.C., Bronx (Richard G. Monaco of counsel), for appellant. The Price law Firm, LLC, New York (Heather Ticotin of counsel), for respondents.
Law Offices of Richard G. Monaco, P.C., Bronx (Richard G. Monaco of counsel), for appellant.
The Price law Firm, LLC, New York (Heather Ticotin of counsel), for respondents.
Opinion
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered March 9, 2015, which denied defendant's motion to, among other things, renew plaintiffs' motion for summary judgment on their rent overcharge complaint, unanimously affirmed, with costs.
The motion court properly denied defendant landlord's third motion to renew, as it failed to show that non-payment of rent was unknown or incapable of discovery at the time plaintiffs moved for summary judgment (see Martin v. Triborough Bridge & Tunnel Auth., 182 A.D.2d 545, 545 [1st Dept.1992], amdg. 180 A.D.2d 596, 580 N.Y.S.2d 305 [1st Dept.1992] ). Further, defendant improperly submitted a rent ledger for the first time in its reply papers (see Rhodes v. City of New York, 88 A.D.3d 614, 615, 931 N.Y.S.2d 595 [1st Dept.2011] ). We have considered defendant's remaining contentions and find them unavailing.
TOM, J.P., SWEENY, ANDRIAS, GISCHE, JJ., concur.