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...
