Skip to main content

2019 NY Slip Op 51337

Citation
2019 NY Slip Op 51337
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,794 chars
No.813247/18, was granted. The Decision/Order provides: Warrant Vacated. Case
restored to [the] calendar July 31, 2019 at 9:30 AM

On the same day, the second case L & T Index No. 804812/19, was adjourned to
July 31, 2019. The Court gave notice that on the adjourned date the Court would address
overlapping [*2]rents in two non-payment cases and consider the
imposition of sanctions.

Hearing on July 31, 2019

On July 31, 2019, the parties appeared and were sworn in. The hearing ensued to address
why the second petition was filed seeking rents contained in the agreement in the first case. In the
first case, petitioner had a money judgment for rents from October 2018 through February 2019.
On or about April 12, 2019, petitioner obtained a warrant of eviction.

During the hearing, petitioner's counsel argued that the second petition was filed by mistake
due to "law office failure."

Denise Julies, the Manager at Castle Hill Houses, testified for petitioner. She stated that
someone had canceled the first case and that is why petitioner issued the second non-payment
petition. Petitioner's witness could not identify who "canceled" the first case other than
"someone." The witness stated that the manager, the assistant manager, and the housing assistants
all have access and privileges to enter "cancel" on a case and then generate a new non-payment
petition. In this matter, however, no one was "accountable."

Petitioner offered respondent a rent credit of $974.00 to be credited to respondent's rental
account in resolution of these two overlapping non-payment cases. This offer was accepted.

Respondent testified that she was still waiting for her lease renewal and to the best of her
knowledge she had submitted all the required documents. Respondent testified that on several