On January 7, 2005, landlord attempted to file, in this court, papers in opposition to tenant's order to show cause. The papers were rejected, and landlord was advised that the papers had to be filed in the Civil Court. Landlord claims on appeal that it filed the opposition papers in the Civil Court on January 11, 2005. However, landlord did not appear at the oral argument of the motion that day. Accordingly, by order dated January 11, 2005, tenant's motion was granted on default, the Civil Court noting that the judgment had been satisfied. It appears from the court's recitation of the papers considered on the motion that landlord's opposition papers were not considered. The funds on deposit were released to landlord on January 25, 2005 pursuant to landlord's application.
By order to show cause returnable February 1, 2005, tenant, after being served with a notice of eviction, again moved to stay the warrant, arguing that its prior motion had been granted and that landlord had wrongfully ordered service of the notice of eviction on January 12, [*2]2005. Landlord opposed this motion, contending, mistakenly, that the Civil Court's December 23rd refusal to sign tenant's application for an order to show cause returnable January 11, 2005 constituted a denial of the order to show cause. Landlord also claimed, apparently correctly, that a copy of the January 11,
2005 order was not in the court file when the notice of eviction was issued. In an order dated February 1, 2005, the Civil Court vacated the warrant, again noting that the judgment had been satisfied.