Reply Affidavits..............................................................................7-9
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The complaint alleges that the plaintiff Faramarz
Roshodesh is an incapacitated person who was represented by his guardian ad litem (Thomas
Giles) in proceedings in the Civil Court of the City of New York, Queens County, in matters
pending under Index Nos. 51429/06 (Proceeding I), 53224/06, and 54568/06. Gerard Owners
Corp., a defendant herein, began a non-payment proceeding (Proceeding I) involving cooperative
Apartment 7Y in Gerard Towers, located at 70-25 Yellowstone Boulevard, Forest Hills, New
York, whose allocated 875 shares were owned by plaintiff Roshodesh. Charlotte Goodman
rented Apartment 7Y, a rent-stabilized cooperative apartment.
Pursuant to a decision and order dated March 14, 2008, a Civil Court judge granted a default
judgment against Roshodesh for unpaid maintenance in the amount of $13,353.12 in favor of
Gerard Owner's Corp. Roshodesh appealed and obtained a stay from the Appellate Term dated
July 7, 2008, on the condition, which he met, that he deposit the sum of $35,756.37 with the
Court. However, by subsequent decision and order rendered on or about September 26, 2008, the
Appellate Term vacated the stay, noting that pursuant to CPLR 5519(a)(2), Roshodesh was
entitled to an automatic statutory stay by depositing just the amount of the judgment with the
Court. As a result of an error, Gerard Owners Corp. received the entire $35,756.37 that had been
deposited with the Court.
Gerard Owners Corp., in receipt of more than sufficient money to satisfy the judgment,
nevertheless, served an execution of judgment on the Sheriff, who, on November 19, 2008,
without following lawful procedure, including notice to Roshodesh, conducted a sale of the 875