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...