Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "2857 Sedwick Ave. LLC v. Drummond,"Bowery 263 Condo Inc. v. D.N.P. 336 Convent Ave. LLC," and " Similis Mgmt. LLC v. Dzganiya."
April 27, 2021 at 12:03 PM
10 minute read
Landlord-Tenant—Nuisance Exception to Moratorium Was Applicable—Tenant Purposely Caused Repeated Flooding—Excessive Noise—Mailboxes Opened—Damage to Front Door
A landlord obtained a judgment, following an inquest against a tenant on Oct. 22, 2019. The tenant thereafter obtained an order to show cause (OTSC) which was returnable March 2, 2020. The OTSC stayed execution of the warrant until April 1, 2020. Pursuant to DRP-213(1)(B) and Administrative Order 160/20, the landlord's motion to proceed with execution of the warrant of eviction during the COVID-19 pandemic was granted on Nov. 19, 2020. The landlord was thereafter stayed from executing the warrant pursuant to the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA). The landlord restored the matter to the court's calendar by an OTSC returnable Feb. 10, 2021. The tenant failed to appear. The court thereafter sent "postcards and a Microsoft Teams invite for March 2, 2021." The tenant again failed to appear.
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