N.Y. Real Property Actions & Proceedings Law § 796-g: Defenses

§ 796-g. Defenses. It shall be a sufficient defense to the proceeding,

if the owner or any mortgagee or lienor of record establish that:

1. The condition or conditions alleged in the petition did not in fact

exist or that such condition or conditions have been removed or

remedied; or

2. Such condition or conditions have been caused by a petitioning

tenant or tenants or members of the family or families of such

petitioner or petitioners or of their guests or by other residents of

the dwelling or their families or guests; or

3. Any tenant or resident of the dwelling has refused entry to the

owner or the owner's agent to a portion of the premises for the purpose

of correcting such condition or conditions.