necessary costs and expenses' in pursuing contempt." (Glanzman v. Fischman,
143 AD2d 880 [2nd Dept, 1988]).
In short, this Court deems it premature to make a finding of damages without a
hearing,
Accordingly, for the reasons stated above it is:
ORDERED that Respondent's motion is only granted to the extent that the
Court finds that Petitioner is in civil contempt; it is further
ORDERED that a daily prospective fine of $85.00 shall be imposed on
Petitioner, payable to Respondent in the form of a rent credit, for every day on and after
June 27, 2025, that Petitioner does not purge contempt, (Ruesch v. Ruesch, 106 AD3d
976 [App. Div. 2nd Dept.]); it is further
ORDERED that Petitioner may purge both the contempt and the fines by
fully complying with the May Decision or tendering the $1,500, representing the alleged
actual damages, to Respondent, and upon doing so, either: 1) submit an affirmation of
facts by way of a motion, substantiating the alleged purge; or 2) submit a stipulation on
terms agreed to by both parties; it is further
ORDERED that the proceeding is adjourned to August 4, 2025, 9:30 AM,
Part A, Room 904, for a hearing on actual damages, costs disbursements, and legal fees
incurred by the Respondent.
This constitutes the decision and order of the Court.
Dated: June 27, 2025
Brooklyn, New York
HON. JAVIER E.
ORTIZ-J.H.C.
Footnotes
Footnote 1:Sean Johnson has never
appeared in this proceeding. According to Respondent, he has removed himself from the
household composition and does not live in the subject premises. (NYSCEF Doc. 38, at
¶ 21)
Footnote 2:The Court witnessed no
less than six (6) post-evicts in unrelated proceedings, since March 2025, where the
Respondents reported that NYCHA and its marshals conducted full evictions of the