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1614 Midwood Holdings LLC v. Tiliaeva

Filing of Nonpayment Proceeding Occurred Before ERAP Payment; Case Dismissed

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Recitation as required by CPLR 2219(a), of the papers considered in the review of the Respondent’s Motion to Amend and for Summary Judgment: Papers: NYSCEF Numbers Respondent’s Motion, Affidavit and Affirmation in Support, and Exhibits  25-27 Petitioner’s Affirmation in Opposition and Exhibits       29-33 Court File Passim DECISION/ORDER Respondent filed the instant motion to reargue pursuant to CPLR 2221(d) and for summary judgment pursuant to CPLR 3212. Respondent’s Motion to reargue is granted. In the Court’s decision/order dated August 14, 2023 the Court found “that where, as here, a Respondent applies for ERAP after the expiration of their lease and is awarded ERAP payments, a nonpayment may be brought pursuant to RPAPL §711(2) during the 12-month period after ERAP acceptance,” and therefore, denied Respondent’s motion for Summary Judgment. However, the filing of this nonpayment occurred prior to the acceptance of the ERAP payment, and therefore during a period when there was neither a lease or an agreement in affect that would permit the filing of a nonpayment pursuant to RPAPL §711(2). Thus, Summary Judgment should have been granted. Wherefore, the Court grants Respondent’s motion for Summary Judgment. The matter is dismissed. The foregoing is the Decision/Order of this court. SO ORDERED Dated: November 28, 2023

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