H&P 29th St. Assoc. LLC v. Yagci

Issue of Fact Exists as to Whether Landlord Accepted the Terms of Tenant's ERAP Funds

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The following e-filed documents, listed by NYSCEF document number (Motion 005) 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 were read on this motion to/for JUDGMENT — DEFAULT. DECISION ORDER ON MOTION In this ejectment action, plaintiff-landlord H&P 29th Street Associates LLC moves (mot seq no 005): (1) pursuant to CPLR §3025 [c], to amend the summons and verified complaint (NYSCEF Doc No 1) to include all amounts of use and occupancy due through December 31, 2022; (2) pursuant to Article 6 of Real Property Actions and Proceedings Law (RPAPL), for default judgment of possession and an issuance of an order of ejectment and writ of assistance in favor of plaintiff and against defendant-tenants Ezgi Yagci and Brad Ehrlichman; (3) pursuant to CPLR §3215 [a], for default money judgment against defendant-tenants and defendant-guarantor Dr. Richard Ehrlichman for use and occupancy due and owing through December 31, 2022, in the amount of $28,603.20 plus statutory interest; (4) pursuant to Real Property Law (RPL) §220 and RPAPL §601, for past, present, and prospective use and occupancy, pendente lite, at a monthly rate of not less than $2,925.00 from defendant-tenant Ehrlichman; and (5) pursuant to Article 17 of the lease agreement (NYSCEF Doc No 98,

15.A.2., 17.E., G.), for attorneys’ fees. Defendant-tenant Ehrlichman opposes the motion on the grounds that he was successfully awarded Emergency Rental Assistance Program (ERAP) funds, and the terms were agreed-to and accepted by plaintiff, thereby barring any pending or future ejectment action for the twelve months following disbursement to plaintiff. BACKGROUND Plaintiff as landlord and defendant-tenants Yagci and Ehrlichman entered into a lease for apartment 11J in the building located at 155 East 29th Street, New York, New York 10016 for the period commencing September 25, 2020, and expiring September 24, 2021, at a monthly rent of $2,925.00 (Gross Aff,

H&P 29th St. Assoc. LLC v. Yagci

Issue of Fact Exists as to Whether Landlord Accepted the Terms of Tenant's ERAP Funds

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