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Sheridan 1511 LLC v. Quinones

Default Judgment, Warrant of Eviction Vacated; Defective Rent Demand Dismisses Petition

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Recitation, as required by CPLR 2219(A), of the papers considered in the review of Respondent’s Order to Show Cause returnable September 1, 2017 and Respondent’s Motion to Vacate Default Judgment and Warrant, Dismiss the Proceeding and/or Other Relief returnable October 26, 2017:Papers NumberedRespondent’s Order to Show Cause with Supporting Affidavit 1Respondent’s Notice of Motion with Supporting Affidavits & Exhibits A-J 2Respondent’s Memorandum of Law in Support of Motion 3DECISION & ORDER

*1 Upon the foregoing papers, and for the reasons stated below, Respondent’s Order to Show Cause and Motion, consolidated herein for decision, are decided as follows. PROCEDURAL HISTORY & FACTUAL BACKGROUNDThis is a nonpayment eviction proceeding brought by Sheridan 1511, LLC against Rent Stabilized tenants Juan Quinones and Nakia Hamilton. The Petition, dated May 12, 2017, alleges that the monthly rent is $1697.75 and that there is “rent and additional rent” due of $25,615.15, comprised of a monthly rent of $1697.75 for the months of April 2016 through May 2017, a balance of $1596.65 due for the month of March 2016 and legal fees of $250.00. The Petition also states that the rent was demanded by a three-day written notice, a copy of which is attached with proof of service. The rent demand, dated May 2, 2017, lists the same breakdown of alleged rent due as is found in the Petition.

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