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/10358208/tibta-v-156-e-21-llc/ ↗

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In order to make sense of this novel issue, this court is guided by the decision in City of New York v Utsey, 28 HCR 432A, NYLJ, June 28, 2000 at 33, col 3 (Civ Ct, Kings County). The Utsey court was faced with setting an undertaking pending the appeal by alleged squatters against whom the property owner, the City of New York, had obtained a judgment of possession in a proceeding commenced pursuant to RPAPL 7 (13 (7). Because the city, pursuant to an order of condemnation, intended to demolish the building, the court could not determine what "waste could be committed by respondents to cause petitioner any damages." Thus, the court did not set an undertaking based on "waste."

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