Winthrop Realty LLC v Menal (2007 NY Slip Op 52401(U))
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Winthrop Realty LLC v Menal
2007 NY Slip Op 52401(U) [18 Misc 3d 1104(A)]
Decided on August 13, 2007
Civil Court Of The City Of New York, Kings County
Fiorella, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on August 13, 2007
Civil Court of the City of New York, Kings County
Winthrop Realty LLC,
Petitioner,
against
Jovany Menal, Respondent.
L & T 60625/07
Anthony J. Fiorella, J.
Petitioner moves pursuant to CPLR §2221 for an order of reargument of this Court's
order dated May 15, 2007 wherein the Court stayed reletting of the premises for five (5) days to
allow respondent to tender $2074 to petitioner as all rent arrears , marshal and attorney fees due
through May 2007. The motion is denied.
Essential Facts
Respondent is a rent
stabilized tenant who has lived in the subject apartment for fourteen years. He has been
diagnosed with Schizoaffective Disorder and HIV. Petitioner has had knowledge of both
conditions for some time. Respondent primarily lives on SSI disability income, currently $1024
per month. On May 11, 2007 respondent was evicted from his apartment because arrears of
$499.19 had not been paid. Respondent's failure to pay the arrears established owed pursuant to
the stipulation of settlement arose solely from the failure of the Department of Social Services
("DSS") to release checks already issued in the landlord's name. Had DSS released these checks,
the eviction would have been averted.
In granting respondent's Order to Show Cause (OSC), the Court was persuaded by