[U] Carrano V. Castro

In this summary holdover proceeding respondents interposed an answer asserting two (2) affirmative defenses and one (1) counterclaim. Petitioner seeks summary judgment pursuant to CPLR § 3212 and entry of a final judgment of possession. By stipulation the respondents agreed to withdraw their first affirmative defense and one counterclaim, with prejudice. The sole issue for determination is whether the respondents are rent stabilized tenants protected under the Rent Stabilization Law. To this issue the court responds in the negative.