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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hillside Park 168, LLC v. Hossain (2018)

Citation
Hillside Park 168, LLC v. Hossain (2018)
Parent Document
Hillside Park 168, LLC v. Hossain (2018)
Jurisdiction
New York (state)
Effective Date
2018-10-12

Full Text

1,098 chars
"There is a strong rule against staying a summary proceeding pending the determination of an action in another court, as a landlord is entitled by statute to an expeditious determination of its claim that it is wrongfully being denied possession" (2094-2096 Boston Post Rd., LLC v Mackies Am. Grill, Inc., 51 Misc 3d 150[A], 2016 NY Slip Op 50844[U], *2 [App Term, 2d Dept, 9th and 10th Jud Dists 2016]; see RPAPL article 7; Scheff v 230 E. 73rd Owners Corp., [*2]203 AD2d 151 [1994]). Here, the resolution of this proceeding based on tenant's failure to sign a renewal lease will turn principally on the issue of whether, as tenant claims, the rent set forth in the renewal lease was excessive. Inasmuch as this defense, and tenant's other defenses, are fully cognizable in the Civil Court proceeding (see Matter of Rockaway One Co., LLC v Wiggins, 35 AD3d 36 [2006]), in the circumstances presented, it was an improvident exercise of discretion for the Civil Court to stay the proceeding (see CASSM Realty Corp. v Cohen, 38 Misc 3d 136[A], 2013 NY Slip Op 50144[U], *1 [App Term, 1st Dept 2013]).