Second, Eleventh and Thirteenth JudicIal DistrictsCases released on: November 16, 2018
By: Pesce, P.J., Aliotta, Elliot, JJ.2016-1436 K C. 175 E. 52ND ST., LLC v. LAMOTHE — Motion by appellant on appeals from a final judgment of the Civil Court of the City of New York, Kings County, entered April 14, 2016, and an order of that court entered June 14, 2016, to permit appellant to deposit arrears in use and occupancy into court, and, in effect, to continue a stay granted by decision and order on motion of this court dated November 9, 2016, and extended by decision and order on motion of this court dated March 6, 2017. Separate motion by respondent to vacate the stay, and for other relief. The order entered June 14, 2016 denied appellant’s motion for relief from a warrant. Respondent’s motion papers include a rent ledger which indicates that a renewal lease was executed subsequent to the issuance of the warrant on May 23, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that the parties are directed to show cause before this court why the order of the Civil Court entered June 14, 2016 should or should not be summarily reversed on the ground that, by executing a renewal lease following the issuance of the warrant, respondent vitiated the warrant and waived the right to evict appellant based on a default under the prior lease (see Matter of Stepping Stones Assoc. v. Seymour, 48 AD3d 581 [2008]; Related Broadway Dev., LLC v. Malo, 58 Misc 3d 154[A], 2018 NY Slip Op 50175[U] [App Term, 1st Dept 2018]; Delman, LLC v. Ozcan, 2016 NY Slip Op 71586[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]; Central Ave. Partners, LLC v. Liquin Huang Chen, 2014 NY Slip Op 71759[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]; Kew Gardens Assoc., LLC v. Camacho, 3 Misc 3d 135[A], 2004 NY Slip Op 50473[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2004]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before November 26, 2018; and it is further,ORDERED that appellant’s motion and respondent’s motion are held in abeyance in the interim; and it is further,ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on appellant and on respondent’s attorney by regular mail.November 7, 2018
