This decision involved a motion to stay a trial of a non-payment proceeding which had been commenced in 2017. Respondents had counterclaimed for rent overcharge.
Following eight adjournments, including a six-month period for discovery, the case had been sent to a trial part in early March. A conference had been cancelled due to the pandemic lockdown on March 17, 2020. The proceeding had been “effectively stayed until the Chief Administrative Judge issued” an order on Aug. 13, 2020, which lifted the stay on residential eviction matters commenced prior to March 17, 2020. A virtual pre-trial conference lasted approximately three hours due to a party appearing through her smartphone and the “challenge of hearing one another over the interpreter, as well as technical difficulties and off-the-record attorney/client discussions regarding settlement….”
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