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Carol Gardens Hous. Co. v. Harrell

Defense Counsel's Motion to Adjourn Action Denied Due to His Suspension From Law Practice

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BACKGROUND

*1 This action was commenced by CAROL GARDENS HOUSING CO.(Plaintiff) against DENETRA HARRELL(Defendant) seeking a judgment in the amount of $9281.65, together with cots and interest, based on the allegation that Defendant failed to pay rent for Apartment 14F, at 820 Thieriot Avenue,, Bronx, New York (Subject Premises), due pursuant to a written lease agreement.PROCEDURAL HISTORYThe summons and complaint were filed on December 20, 2016. The affidavit of service was filed on February 2, 2017, and asserts substituted service on Ivan Flower, Defendant’s alleged fiancé, at 10 Ormian Drive, Pomona, NY on January 18, 2017, at 8:15 a.m.Defendant appeared pro se and filed an answer on February 1, 2017, disputing the amount of the debt, asserting unjust enrichment, violation of the duty of good faith and fair dealing, unconscionability, and laches.An initial court date was set for March 3, 2017. On that date, Brian D. Thomas, Esq., (Thomas) appeared on behalf of Defendant. The action was removed from the Part 11 calendar, as both sides were represented by counsel.On July 6, 2017, Plaintiff, filed a Notice of Trial and Certificate of Readiness. The action was calendared for September 13, 2017, in Part 15.On September 13, 2017, the action was adjourned to November 13, 2017, for trial.On November 13, 2017, neither Defendant, nor Thomas, appeared and the action was adjourned to December 12, 2017 pursuant to a notation on the court file that a post card would be sent to both Defendant and Thomas.On December 12, 2017, this Court presided over the matter for the first time. Once again, neither Defendant, nor Thomas appeared. However, upon review of the file, the Court noted that Thomas had previously filed a document labeled “Affirmation of Prior

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