2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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It appears from the record that there was an ex-parte order to accelerate the Order to
Show Cause from August 19, 2013 to August 15, 2013.

On August 9, 2013, upon the application of the Petitioner's attorney, the
Respondent's motion was accelerated to August 15, 2013. The Petitioner was required to
serve a copy of the order on the Respondent by August 9, 2013.

On August 15, 2013, after substantial conference with the Court, the parties entered
into a two-attorney stipulation which adjourned the case for trial to September 15, 2013.
The Respondent explicitly withdrew with prejudice the following defenses in the answer:
third, fourth, fifth, sixth, ninth, tenth, eleventh and twelfth. Additionally, the Respondent
represented that General Plumbing Inc. was the sole occupant in possession and the
proceeding was discontinued against all undertenants and the pleadings were amended
accordingly.

On August 19, 2013, the Petitioners' attorney served a Notice of Motion returnable
on September 4, 2013 to admit Robert L. Povui, Esq., an attorney admitted before the
courts of the State of New Jersey, pro hac vice as counsel on behalf of the
Respondent-tenant, General Plumbing Inc. for this proceeding.

As to the Respondent's Order to Show Cause that seeks to stay the summary
proceeding pending a final determination of the Supreme Court action, or for removal
and for consolidation of the summary proceeding with the declaratory judgment action.
The Respondent claims that the essential facts between the parties are not in dispute,
however, the Respondent claims that the Petitioner's interpretation of the provision in the
lease is incorrect. The Respondent states, in essence, that the above sum of $274,732.47