2021 NY Slip Op 21056

2857 Sedgwick Ave. LLC v Drummond (2021 NY Slip Op 21056)

2857 Sedgwick Ave. LLC v Drummond

2021 NY Slip Op 21056 [71 Misc 3d 702]

March 2, 2021

Tovar, J.

Civil Court of the City of New York, Bronx County

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 26, 2021

[*1]

2857 Sedgwick Avenue LLC, Petitioner,
v
Gregory Drummond et al., Respondents.

Civil Court of the City of New York, Bronx County, March 2, 2021

APPEARANCES OF COUNSEL

Borah Goldstein Altschuler Nahins & Goidel P.C., New York City, for petitioner.

{**71 Misc 3d at 703} OPINION OF THE COURT
Bryant Tovar, J.

The decision/order on the motion is granted for the following reason(s):

Petitioner obtained a judgment after inquest on October 22, 2019. Respondent obtained an order to show cause returnable March 2, 2020, which stayed execution of the warrant to April 1, 2020, by stipulation executed on March 2, 2020. Pursuant to Civil Court of City of New York Directive and Procedure 213 (1) (B) (eff Aug. 12, 2020) and Administrative Order of the Chief Administrative Judge of the Courts AO/160A/20 the petitioner's motion to execute the warrant of eviction during the COVID-19 pandemic was granted on November 19, 2020. Petitioner has since been stayed from executing the warrant in accordance with the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) (L 2020, ch 381). Petitioner restored the matter to the court's calendar by emergency order to show cause returnable February 10, 2021. Respondent failed to appear. The court sent postcards and a Microsoft Teams invite for March 2, 2021, and again respondent failed to appear.

CEEFPA (L 2020, ch 381, § 3) part A, § 9 (2) allows for the execution of a warrant where