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2020 NY Slip Op 20185

Citation
2020 NY Slip Op 20185
Jurisdiction
New York (state)
Source
Official source

Full Text

1,226 chars
True, at the time the judgment was issued the rights of Mr. Wainsai may have been subordinate to and "extinguished by a judgment of possession in favor of the lessor." (170 W. 85th St. Tenants Assn. v Cruz, 173 AD2d 338, 339-340 [1st Dept 1991]; see also New York Rys. Corp. v Savoy Assoc., Inc., 239 App Div 504 [1st Dept 1933].) However, this court retains continuing jurisdiction over this matter even after entry of the judgment (see generally Matter of Brusco v Braun, 84 NY2d 674 [1994]; Matter of Lafayette Boynton Hsg. Corp. v Pickett, 135 AD3d 518 [1st Dept 2016]; Solack Estates v Goodman, 78 AD2d 512 [1st Dept 1980]), and for the warrant of eviction to be effective against a subtenant, licensee or occupant, due process requires that they properly be made a party to the proceeding (170 W. 85th St. Tenants Assn. v Cruz). The failure to do so, or to commence an appropriate new [*4]proceeding against such subtenant, licensee or occupant, would render unlawful the eviction of such a person pursuant to a warrant issued in this proceeding. (Parkash 2125 LLC v Galan, 61 Misc 3d 502 [Civ Ct, Bronx County 2018]; 115 Mulberry LLC v Giacobbe, 46 Misc 3d 1229[A], 2015 NY Slip Op 50343[U] [Civ Ct, NY County 2015].)