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East 28 Terrace LLC v. Bermudez

Eviction Petition Dismissed; Respondent Paid Arrears and Petitioner Failed to Show

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DECISION/ORDER Petitioner commenced this proceeding in April 2023 seeking rents from October 2022 through March 2023, totaling $10,530.00. The proceeding was calendared for first appearances on July 6, 2023 and adjourned to August 21, 2023 for Respondent to seek counsel. Respondent appeared by counsel on August 21, 2023. Petitioner’s attorney checked-in for the proceeding that day, which was calendared for 10:30 A.M.; counsel for both parties engaged in discussions before the case was called by the Court, but failed to reach any agreement; and Petitioner’s attorney eventually left Part A. Despite Part A personnel contacting Petitioner’s counsel more than once to inform them that they were needed in Part A to address the proceeding, Petitioner’s attorney never returned. Respondent made an oral application to dismiss the petition, arguing that the petition had been satisfied, including through the payment of $10,480.00 in rental assistance funds from the New York City Human Resources Administration (HRA). Respondent’s attorney further represented to the Court that Petitioner’s attorney had not been willing to discontinue the proceeding, and that Petitioner’s attorney told them that they were not going to return to Part A, despite knowing that the case was going to be called by the Court. Petitioner failed to appear for its proceeding after repeated notice to its attorney; elected not to oppose Respondent’s application or rebut Respondent’s allegations; and elected not to prosecute its own case. For these reasons, as held on the record in open court on August 21, 2023, the petition is dismissed without prejudice. This constitutes the decision and order of the court. So Ordered, Dated: September 8, 2023

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