this is my third time trying to type my reply because just answer keeps losing my reply
1) I won the first appeal but was remanded back to lower court
2) since then lots of motions and my answer and affirmative defenses were stricken, and I was not allowed to submit any evidence regarding the alleged lease between the parties
3) The case was set down for inquest and Petitioner was instructed to provide secondary evidence citing "Jacqueline Schozer, Respondent, v. William Penn Life Insurance Company of New York, Appellant" 232 A.D.2d 623. They did not do so but the court held they did even though the petitioner acknowledged six times in open court they were not submitting secondary evidence.
4) Anyhow I have filed for appeal immediatley and had transcripts perfected (both sides) and submitted to lower court to have file moved to appellate term over 50 days ago but it has not moved and chief clerk has stated its a big file and it needs to be shown to the judge in direct contradiction to Act 1704 (35 days).
5) I am appealing the interlocutory decision and order of the court after the inquest. the appellate term denied me a stay so I need to move quickly before a final is given because of the amount of the undertaking (12/2012 to date) maintenance not billed by Petitioner or paid by me.
They have not done repairs which are their responsibility as further cited by the building department (documented), and they have not billed me, and they have not sought U&O in the lower court, nor started a non pay which they legally had a right to.
I am looking for something strong enough to argue they have lost their right to said arrears due to non billing, failure to comply with repairs as cited by the building department (implied warranty of habitability), unable to use my apartment for business as have since 1980's due to holdover, etc.
What can I do?