Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

East 28 Terrace LLC v. Bermudez

Eviction Petition Dismissed; Respondent Paid Arrears and Petitioner Failed to Show

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION/ORDER Petitioner commenced this proceeding in April 2023 seeking rents from October 2022 through March 2023, totaling $10,530.00. The proceeding was calendared for first appearances on July 6, 2023 and adjourned to August 21, 2023 for Respondent to seek counsel. Respondent appeared by counsel on August 21, 2023. Petitioner’s attorney checked-in for the proceeding that day, which was calendared for 10:30 A.M.; counsel for both parties engaged in discussions before the case was called by the Court, but failed to reach any agreement; and Petitioner’s attorney eventually left Part A. Despite Part A personnel contacting Petitioner’s counsel more than once to inform them that they were needed in Part A to address the proceeding, Petitioner’s attorney never returned. Respondent made an oral application to dismiss the petition, arguing that the petition had been satisfied, including through the payment of $10,480.00 in rental assistance funds from the New York City Human Resources Administration (HRA). Respondent’s attorney further represented to the Court that Petitioner’s attorney had not been willing to discontinue the proceeding, and that Petitioner’s attorney told them that they were not going to return to Part A, despite knowing that the case was going to be called by the Court. Petitioner failed to appear for its proceeding after repeated notice to its attorney; elected not to oppose Respondent’s application or rebut Respondent’s allegations; and elected not to prosecute its own case. For these reasons, as held on the record in open court on August 21, 2023, the petition is dismissed without prejudice. This constitutes the decision and order of the court. So Ordered, Dated: September 8, 2023

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs