EASTMORE OWNERS CORP v. ZELMANOVICH (2025)

Order (Vanessa Fang, J.), dated January 22, 2025, affirmed, with $10 costs.

Tenant's motion for summary judgment dismissing this holdover proceeding, based upon allegations that she breached the governing proprietary lease agreement and House Rules by “failing to control [her] dog's incessant barking,” was properly denied. The record, including the conflicting affirmations of several building residents and employees, raise triable issues of fact with respect to the frequency, duration and volume of the barking and whether it constituted a breach of the lease and House Rules. In these circumstances, the matter is properly resolved at a trial, at which sworn evidence can be received and credibility assessed.

Civil Court properly declined to address tenant's remaining contention, made for the first time in her reply papers, since “[t]he function of reply papers is to address arguments made in opposition to the position taken by the movant, not to permit the movant to introduce new arguments or new grounds for the requested relief” (Matter of Allstate Ins. Co. v Dawkins, 52 AD3d 826, 827 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam

All concur.