930 Fifth Ave. Corp. v Shearman (2007 NY Slip Op 52153(U))
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930 Fifth Ave. Corp. v Shearman
2007 NY Slip Op 52153(U) [17 Misc 3d 1126(A)]
Decided on October 31, 2007
Civil Court Of The City Of New York, New York County
Lebovits, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
As corrected in part through September 10, 2013; it will not be published in the printed Official Reports.
Decided on October 31, 2007
Civil Court of the City of New York, New York
County
930 Fifth Avenue
Corporation, Petitioner,
against
Martha Anne Shearman and John Betts, Respondents.
50775/06
Kossoff & Unger, New York City (Sally Unger of counsel), for petitioner.
Gallet Dreyer & Berkey, LLP, New York City (Morrell Berkowitz of counsel), for
respondent.
Gerald Lebovits, J.
In this nonpayment proceeding, petitioner, a cooperative corporation, seeks a judgment for
possession and money against Martha Anne Shearman and John Betts, the
respondent-shareholders of two cooperative apartments, Apartments 3-C and 3-D, which have
been combined in their Fifth Avenue building.
Petitioner seeks $30,267 to replenish an escrow account, while respondents counterclaim for
the return of that money. Petitioner also seeks, in maintenance, or rent, $13,504.84 for Apartment
3-C and $10,028.70 for Apartment 3-D.
This proceeding raises two issues. The first issue, which has remained sub judice since the
close of petitioner's prima facie case, is whether petitioner may secure a possessory judgment
against respondents to replenish the escrow account. That issue consumed only a small fraction
of trial time but is the only issue worthy of extended discussion. The second issue is the validity