41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)

Citation: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Parent Document: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-06-11
Original Source: https://www.courtlistener.com/opinion/9687483/41-47-nick-llc-v-odumosu/ ↗

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Respondent's answer does not put petitioner on notice of specific violations, if any, nor the statutory time-frame for correction of same. The stipulation comprised a list of alleged conditions to be repaired which petitioner "agree[d] to inspect, repair and/or replace" with no specific deadline. (NYSCEF Doc No. 15, stipulation dated July 13, 2023, ¶ 4.) This is hardly an unequivocal order of the court which petitioner has disobeyed. (See Chambers v Old Stone Hill Road, 77 AD3d 944 [2d Dept 1009]; Michetti v Wilson, 9 Misc 3d 138 [A] [App Term, 2d & 11th Jud Dists, 2005] [finding "inspect and repair as legally required" to be equivocal]; Banana Kelly Prospect HDFC v Banks, 2024 NY Slip Op 50681 [U] [Civ Ct, Bronx County 2024].) Moreover, as petitioner points out, respondent's motion does not contain on its face the "warning" required by Judiciary Law § 756. Specifically, respondent's motion did not inform petitioner as follows: "YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT." CONCLUSIONAccordingly, it is

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