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2020 NY Slip Op 20185

Citation
2020 NY Slip Op 20185
Jurisdiction
New York (state)
Source
Official source

Full Text

1,800 chars
On July 22, 2019, an order to show cause to vacate the default judgment, to permit the filing of an answer, to place the case on the court's calendar and to grant "such other and further relief as may be just" was filed with the court, supported by the affidavit of Zkiyahu Ben Levy who indicated he was "the person claiming possession of these premises and am the fiancé of the tenant named above." As an excuse for failing to answer Mr. Ben Levy indicated that he had not received a copy of the notice of petition and petition and first learned of this proceeding by receiving a city marshal's notice of eviction. As defenses, Mr. Ben Levy indicated that the amount being claimed was incorrect, that the rent had been fully paid by Section 8 and "we have rent receipts to prove otherwise." The court signed the order to show cause, and on the August 1, 2019 return date adjourned it to August 29 with the notation on the court file jacket that the adjournment was "for Resp. to seek counsel + Resp. to meet w/mgmt." Court file notations indicate that respondent was referred to The Legal Aid Society, and that on the next adjourned date respondent was re-referred and the matter was adjourned again, to October 7. Respondent then appeared by counsel and the case was adjourned again, to November 15, by two-attorney stipulation which included the statement, "Resp. counsel to email authorization to review tenant file." On November 15 the case was adjourned to January 6, 2020, by stipulation which noted, inter alia, "Pet to provide Resp's counsel with access to Resp's tenant file," and included access dates for repairs. On January 6 the case was adjourned to February 4 by stipulation stating, "Parties have agreed Resp's counsel to review tenant file on 1/16/20 at 2:00 p.m." On February 4 the