43-09 47th Ave. LLC v Santiago (2024 NY Slip Op 24097)
43-09 47th Ave. LLC v Santiago
2024 NY Slip Op 24097 [83 Misc 3d 755]
March 18, 2024
Guthrie, J.
Civil Court of the City of New York, Queens County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 4, 2024
[*1]
43-09 47th Avenue LLC, Petitioner,
v
Luis Santiago et al., Respondents.
Civil Court of the City of New York, Queens County, March 18, 2024
APPEARANCES OF COUNSEL
JASA/Legal Services for Elder Justice, Rego Park (Kristen Vrancken of counsel), for Luis Santiago, respondent.
Kucker Marino Winiarsky & Bittens, LLP, New York City (Nikolaos Preponis of counsel), for petitioner.
{**83 Misc 3d at 756} OPINION OF THE COURT
Clinton J. Guthrie, J.
The decision and order on respondent's motion is as follows.
Procedural History
This summary nonpayment proceeding was filed in January 2023. Respondent, a rent-stabilized tenant, filed a pro se answer and the case was adjourned several times before counsel appeared for respondent. After a fire in the subject building occurred in December 2023, respondent's attorneys made the instant motion for a stay of the proceeding until the DHPD (Department of Housing Preservation and Development) vacate order currently in effect is lifted and respondent is restored to possession of the subject apartment. Petitioner opposed the motion and the court heard argument on March 13, 2024. Decision was reserved upon the conclusion of the argument.[*2]
Discussion and Conclusion