Respondent's counsel made an application for the court to issue an order directing petitioner to immediately remedy the conditions specified in the complaint form filed with the court on January 21, 2020, and conditions described in the complaint and notice of violation issued by the Building Department.
The court issued a decision and order dated November 4, 2021, directing petitioner to file and serve a response to respondent's motion on or before November 15, 2021, and for respondent to file and serve a reply by November 19, 2021. The case was adjourned for an in-person evidentiary hearing on November 22, 2021, at 2:00 p.m.
Petitioner's Opposition
Petitioner's counsel appeared in person for the evidentiary hearing on November 22, 2021. Petitioner did not appear by its employees or agents with personal knowledge regarding the repairs or conditions in the apartment. Petitioner's opposition papers allege that on or about May 2021, access was provided for petitioner to make repairs, without explaining whether the repairs specified in the court's living conditions form of January{**74 Misc 3d at 192} 21, 2020, or the conditions described in the complaint or notice of violation issued by the inspector for the Building Department were corrected. Petitioner's response included an email from respondent's counsel to petitioner's counsel dated September 28, 2021 (as petitioner's exhibit A), which stated, inter alia, "there can be no dispute over access as your client came to the apartment last Tuesday and yesterday" (Sept. 21, 2021 and Sept. 27, 2021). The email identified three major repair issues: (1) water damage in the kitchen and the ceiling; (2) defective stove/oven causing a smell of gas; and (3) a mold problem in the apartment described in a contractor's report sent