OPINION OF THE COURT HEELA D. CAPELL , J. 87th Street Realty (petitioner) commenced this non-payment proceeding against Andrew Mulholland (respondent) after service of a notice of petition and petition dated February 14, 2018. The petition seeks rent from the respondent with respect to 511 East 87th Street, apartment 6, New York, New York 10128 at a rent regulated amount of $1,875 per month from December 2017 through February 2018. Both sides are represented by counsel. Respondent,...
FIDEL E. GOMEZ , J. In this action for the payment of first-party benefits — no fault payments for medical treatments — defendant moves seeking an order pursuant to, inter alia, CPLR 5019(a), modifying this Court's Judgment, entered November 5, 2015. Saliently, defendant avers that the Judgment should be modified and the amount therein reduced to zero on grounds that defendant's insured exhausted no-fault the limits of the relevant policy. Plaintiff opposes the instant motion asserting...
JACK STOLLER , J. 90 Elizabeth Apt. LLC, the petitioner in this proceeding ("Petitioner"), commenced this holdover proceeding against Betty Eng ("Respondent"), a respondent in this proceeding, and Steven Eng ("Co-Respondent"), another respondent in this proceeding (collectively, "Respondents"), seeking possession of 90 Elizabeth Street, Apt. 5 and 6, New York, New York ("the subject premises"), on the ground that Respondents are licensees whose licenses have been terminated by the...
JEANNINE BAER KUZNIEWSKI , J. The Decision/Order on this Motion is as follows. The Motion to dismiss pursuant to CPLR 3212 and 3211 is granted pursuant to CPLR 3211. The Petition states that the Petitioner is the landlord of the subject premises. However, the Respondents show rental agreements with Brooklyn Luxury Homes and HRA payments to the same entity. The Petitioner does not rebut the rental agreements and concedes the rent was paid to Brooklyn Luxury Homes. See para. 9 of...
OPINION OF THE COURT MICHAEL L. WEISBERG , J. This holdover summary eviction proceeding is premised on the allegation that respondent is not using her rent-stabilized apartment as her primary residence. Petitioner's notice of nonrenewal contains the following allegations: "Upon information and belief, you are no longer living in the subject apartment, but instead, you are maintaining your primary residence in other housing accommodations at an address which is unknown to the Landlord; "...
SABRINA B. KRAUS , J. This summary nonpayment proceeding was commenced by WEST 151 STREET REALTY CO LLC (Petitioner) against ANTA MANGUELLE (Respondent) and HENRI MANGUELLE (HM), the rent-stabilized tenants of record, seeking to recover possession of 208 West 151st Street, Apt. # B68, New York, NY 10039 (Subject Premises) based on the allegation that Respondents have failed to pay rent due for the Subject Premises. PROCEDURAL HISTORY Petitioner issued a rent demand dated November 4,...
PHILIP S. STRANIERE , J. Claimant, Lejla Esposito, commenced this day small claims action against the defendants, John Barr, Florence Dennehy, and Woodbrooke Estates Condominium Section 2B, alleging that the defendants improperly imposed fines upon her and denied her the use of the community pool. A trial was held on July 31, 2015. Claimant represented herself. Defendants were represented by counsel. The name of Florence Dennehy sued herein as Florence Hennehy, was amended to reflect the...
OPINION OF THE COURT KATHERINE A. LEVINE , J. Plaintiff AR Medical Rehabilitation P.C., a medical services provider, seeks to recover no-fault benefits for services it provided to its assignors. Defendant State-Wide Insurance Co. moves to dismiss the claim on the ground that plaintiff failed to establish its prima facie case by offering proof of mailing. The issue is whether a plaintiff may offer an NF-10 denial of claim form into evidence to prove that it mailed the subject claim form...
OPINION OF THE COURT STEVEN Z. MOSTOFSKY , J. Before trial, plaintiff sought summary judgment based on documentary evidence. The defendant appeared without witnesses. The parties submitted memoranda of law and the court heard oral argument on July 27, 2015. Plaintiff claimed it served notices to admit on the defendant. Since the defendant never contested the admissions, the plaintiff moved for summary judgment. The court denies that portion of plaintiff's motion since it never submitted...
OPINION OF THE COURT JAVIER E. VARGAS , J. The motion by respondent Rosilyn George (tenant) for, inter alia, leave to file an amended answer and for vacatur of stipulations of settlement in the instant nonpayment proceeding is granted, and the matter is hereby adjourned for further proceedings. For over 33 years, tenant has resided in the subject project-based Section 8 subsidized U.S. Department of Housing and Urban Development (HUD) building, known as 1105-25 Anderson Avenue, apartment...
OPINION OF THE COURT PAUL A. GOETZ , J. Before the court are plaintiff's motion for summary judgment pursuant to CPLR 3212 and defendant's cross motion to dismiss pursuant to CPLR 3211 (a) (1) and (7), or for summary judgment pursuant to CPLR 3212. Background In this matter, plaintiff seeks the return of $10,000, the sum of two deposits of $5,000 each, made by plaintiff to defendant in connection with plaintiff's successful bids during two non-judicial auction sales by defendant of...
OPINION OF THE COURT JAMES E. D'AUGUSTE , J. Plaintiff judgment creditor Lease Finance Group, LLC moves, pursuant to CPLR 5222-a, for a hearing to determine the validity of defendant judgment debtor John Fiske's claim of exemption under the statute. For the reasons stated herein, Lease Finance Group's motion is denied because the judgment was not properly served so as to provide this court with the jurisdiction required to restrain Fiske's account. Factual and Procedural Background On...
OPINION OF THE COURT GARY F. MARTON , J. The above-captioned is an alleged "illegal lockout" proceeding brought pursuant to RPAPL 713 (10). Petitioner asserts that he was the tenant of the certain premises and that respondents Baumblit and Back On Track (BOT) wrongly deprived him of possession thereof. Baumblit and BOT deny the same and assert that petitioner was a licensee whose license to be at the premises BOT properly terminated. Respondent Luckie, who occupies the premises previously...
OPINION OF THE COURT LYNN R. KOTLER, J. In these consolidated actions, the plaintiffs are tenants of five residential rent regulated apartments at a six-unit apartment building located at 338 West 46th Street (the building). Defendant, which owns the building, moves for an order determining the legal rent of plaintiffs' apartments. Plaintiffs cross-move for partial summary judgment to the extent of granting judgment in their favor on each of their eighth counterclaims and dismissing with...
ANDREA MASLEY, J. This is an action by two food cart employees for unpaid wages and overtime, and for the failure to reimburse fines issued to plaintiffs while they worked defendants' food carts. On March 22, 2010, plaintiff Mohammed Tajul Islam filed an action against Salma Hossain d/b/a Lufta and her husband Mohammad Anwer Hossain "MD." In his amended complaint, Mr. Islam alleges: (1) violation of Fair Labor Standards Act, 29 USC 206 et al; (2) violation of NY Labor Law 2 and 651 for...
OPINION OF THE COURT REGINALD A. BODDIE, J. The decision and order on respondent's motion to dismiss is as follows: Petitioner commenced this summary holdover proceeding to recover possession of the first floor space located at 180 Smith Street, also known as 311 Warren Street, Brooklyn, New York, which was leased to respondent for five years beginning January 25, 2013. Respondent moves to dismiss the petition on the grounds that the petition is not based on a conditional limitation, the...
PHILIP S. STRANIERE, J. Plaintiff, John Gulino, an attorney at law, representing himself, commenced this action against the defendant, Linda Norton, alleging that the defendant owed plaintiff money for legal services rendered pursuant to a written retainer agreement. Plaintiff commenced this action in August 2007. The defendant defaulted in appearing and answering. Plaintiff sought the entry of a default judgment against the defendant in October 2007. The court initially determined that the...
KATHERINE A. LEVINE, J. The issue raised at trial in a number of cases is whether a doctor, other than the original doctor who prepared the peer review report ("re peer doctor"), may be permitted to testify as an expert witness when the peer review report and underlying medical records relied upon therein have not been stipulated into evidence. Assuming that the re peer doctor is allowed to testify, the next issue raised is whether the underlying records can be admitted into evidence. It is...
OPINION OF THE COURT SABRINA B. KRAUS, J. Background The underlying summary holdover proceeding was commenced by 46 Downing Street LLC against Otto Thompson, the rent control tenant of record, based on the allegation that respondent had sublet 46 Downing Street — apartment 1C, New York, New York 10014 — without permission, and in violation of section 226-b of the Real Property Law. At the time the proceeding was commenced, respondent was incarcerated. Kay K. Bourabah was not originally named...
LYNN R. KOTLER, J. This action arises from the defendant's alleged breach of a lease. Defendant now moves to dismiss based upon the following grounds: "[1] want of personal jurisdiction in that since the entire transaction was permeated with fraud, this Court should refuse to enforce the consent of jurisdiction clause in the lease under Studebaker-Worthington Leasing Corp. v. New Concepts Realty, Inc., 25 Misc.3d 1 [NY App Term 2d Dept 2009]; or alternatively [2] forum non conveniens,...
