Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)

Citation: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Parent Document: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-18
Original Source: https://www.courtlistener.com/opinion/10360937/tibta-v-156-e-21-llc/ ↗

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Respondents' counsel frames the October 30, 2024 decision and order as "in essence stating [p]etitioner was entitled to possession of the apartment due to constructive eviction and stating that he never intended to abandon the apartment. Omar and his family, however, are in actual possession of the apartment and will become homeless if the motion is denied." (NYSCEF Doc No. 22, respondents' attorney's affirmation ¶¶ 30-31 [internal NYSCEF citation omitted]; NYSCEF Doc No. 20, Omar affirmation ¶ 33.) Respondent 156 E 21 LLC argues it will suffer harm without a stay, as Ammar Omar "is a steady and stable tenant who at present pays rent [.]" (NYSCEF Doc No. 22, respondents' attorney's affirmation ¶ 25; NYSCEF Doc No. 21, Alawas affirmation ¶ 33.) Respondents contend petitioner will suffer no prejudice because he "has not paid any rent for over eight years" and "presently resides in another apartment in the [p]remises rent free." (NYSCEF Doc No. 22, respondents' attorney's affirmation ¶¶ 28-29; NYSCEF Doc No. 21, Alawas affirmation ¶ 28.) Citing to the October 30, 2024 decision/order, respondents' counsel argues that Omar "was an innocent party whose only involvement is locating the apartment in question and executing a lease for the apartment." (NYSCEF Doc No. 22, respondents' attorney's affirmation ¶ 33.)

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