Preview
FILED: NEW YORK COUNTY CLERK 04/05/2024
04/02/2024 02:33
03:37 PM INDEX NO. 150842/2024
NYSCEF DOC. NO. 31
22 RECEIVED NYSCEF: 04/05/2024
04/02/2024
Exhibit 1
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-04/05/2024
04/02/2024
L&T 11/02/2022 PM INDEXPMNO.INDEX
03:3702:35
02:33 LT-057684-19/NY
NO. 150842/2024
[HO]
NYSCEF DOC. NO. 31
24
22 RECEIVED NYSCEF: 04/05/2024
11/02/2022
04/02/2024
CIVL COURT OF THE CITY OF NEW YORK
COTINTY OF NEW YORK, HOUSING PART PN
170-112 REALTY CORP.
Petitioner(s), Landlord
-against- Index No. L&T 57684119
POST TRIAL
DECISION AND ORDER
PHILIP LEIB PODRY
Respondent-Tenant
JOHN DOE and JANE DOEI
Respondents-Undertenants
x
FRANCES A. ORTIZ, JUDGE
This is a holdover proceeding seeking possession of 170 Ludlow Street, apt. 44, New
York, NY 10002 ("the subject premises") from Respondent, Philip Leib Podry, on the grounds of
an expired lease. The lease expired on March 3l,2Ol8 and thereafter the tenancy was based on a
month to month tenancy. Per paragraph five (5) of the petition, the subject premises is an
unregulated apartment.
The Court conducted a trial on November 2,2022 on this matter. Petitioner called one
witness - Michelle Goldstein. Respondent, Philip Leib Podry, appeared by his Guardian Ad
Litem ("GAL") Rudy Ferriera and asserted a defense of a general denial.
The following documents were admitted into evidence on behalf of Petitioner'. PI-
Certified Deed for the subject building; P2- Petitioner's expired lease with the Respondent for
the subject premises: P-3 - Rentfuse and Occupancy Ledger for the subject premises: P4 -
I Petitioner on the record withdrew without prejudice the petition claims against
Respondents/Undertenants - Jane Doe and John Doe - who failed to appear.
1
1 of 3
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-04/05/2024
04/02/2024
L&T 11/02/2022 PM INDEXPMNO.INDEX
03:3702:35
02:33 LT-057684-19/NY
NO. 150842/2024
[HO]
NYSCEF DOC. NO. 31
24
22 RECEIVED NYSCEF: 04/05/2024
11/02/2022
04/02/2024
Attorney Certified Multiple Dwelling Registration from the Department of Housing Preservation
Development for the subject building, and the Court took Judicial Notice of the entire contents of
the court file herein.
Michelle Goldstein testified that she is the Vice President of the owner, that the subject
premises were deregulated after luxury decontrol, that Respondent currently remains in
possession of the subject premises, that currently there is $90, 000 owed in use and occupancy
from December 2018 through November 30,2022; and that Petitioner rejected Emergency Rental
Assistance Program ("ERAP") monies in the amount of $28, 125 representing use and occupancy for the
period March 2020 through May 3l,2O2l (15 months) at a monthly rate of $1,875.
Petitioner rested at the close of its primafacie case. Respondent by his GAL presented
no defense beside the general denial nor presented any testimonial or documentary evidence at
the trial.
After the credible testimony of Michelle Goldstein, the admitted documentary evidence,
the contents of the court file, the Petitioner has proven the primafacie elements of the petition.
Specifically, Petitioner proved that it is the owner of the subject premises, that Respondent's
month to month tenancy was properly terminated by a notice of termination, that the subject
premises is not subject to rent regulation, that Respondent continues to holdover on the subject
premises and that there is $61, 8752 in unpaid use and occupancy for the period December I ,
2018 through February 28,2020 and June 2021 through November 30, 2022 at a monthly rate of
$1,875.
2
Although the testimony of Michelle Goldstein and P3 (ledger in evidence), established that
currently there is $90,000 owed in use and occupancy from December 2018 through November
30,zo22,Petitioner chose to reject the approved ERAP monies of $28, 125 representing use and
occupancy for the period March 2020 through May 31,2021 (15 months at $ 1, 875). Pursuant to
the ERAP statute, if the owner refuses to accept the ERAP monies, then the owner cannot seek
those monies herein.
2
2 of 3
FILED: NEW YORK COUNTY
CIVIL COURT
CLERK-04/05/2024
04/02/2024
L&T 11/02/2022 PM INDEXPMNO.INDEX
03:3702:35
02:33 LT-057684-19/NY
NO. 150842/2024
[HO]
NYSCEF DOC. NO. 31
24
22 RECEIVED NYSCEF: 04/05/2024
11/02/2022
04/02/2024
Accordingly, the Petitioner is awarded a final judgment of possession against
Respondent, Philip Leib Podry, with issuance of the warrant of eviction forthwith and execution
of the warrant of eviction is stayed to November 3 0, 2022 for Respondent to vacate with dignity.
The earliest execution date is December 1,2022. Petitioner may forthwith pre-serve a Notice of
Eviction. Petitioner to serve a copy of the Notice of Eviction on Respondent's GAL - Rudy
Ferreira- via email to rudyfeneira.ce@gmail.com. Petitioner is to notifu Adult Protective
Services before any eviction. Additionally, Petitioner is awarded a money judgment in the
amount of $61, 875 for unpaid use and occupancy against Respondent, Philip Leib Podry.
ORDERED: The clerk is to enter a final judgment of possession against Respondent,
Philip Leib Podry, with issuance of the warrant of eviction forthwith and
execution of the warrant of eviction stayed to November 30, 2022. The
earliest execution date is December 1,2022. And fuither
ORDERED: The clerk is to enter a money judgment in the amount of $61, 875 against
Respondent, Philip Leib Podry.
This is the decision and order of this court. Copies of this decision will be uploaded to
NYSCEF and emailed to Respondent's GAL - Rudy Ferreira- via email to
rudy ferreir a. ce@gmai l. com.
Dated:New York, NY
November 2,2022
HON. FRANCES A. ORTIZ_
ii6Ea iioustno cot'Rr
Judge, Ci Court
Frances Ortiz
3
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 04/05/2024 04/02/2024 02:33 03:37 PM INDEX NO. 150842/2024 NYSCEF DOC. NO. 31 22 RECEIVED NYSCEF: 04/05/2024 04/02/2024 Exhibit 1 FILED: NEW YORK COUNTY CIVIL COURT CLERK-04/05/2024 04/02/2024 L&T 11/02/2022 PM INDEXPMNO.INDEX 03:3702:35 02:33 LT-057684-19/NY NO. 150842/2024 [HO] NYSCEF DOC. NO. 31 24 22 RECEIVED NYSCEF: 04/05/2024 11/02/2022 04/02/2024 CIVL COURT OF THE CITY OF NEW YORK COTINTY OF NEW YORK, HOUSING PART PN 170-112 REALTY CORP. Petitioner(s), Landlord -against- Index No. L&T 57684119 POST TRIAL DECISION AND ORDER PHILIP LEIB PODRY Respondent-Tenant JOHN DOE and JANE DOEI Respondents-Undertenants x FRANCES A. ORTIZ, JUDGE This is a holdover proceeding seeking possession of 170 Ludlow Street, apt. 44, New York, NY 10002 ("the subject premises") from Respondent, Philip Leib Podry, on the grounds of an expired lease. The lease expired on March 3l,2Ol8 and thereafter the tenancy was based on a month to month tenancy. Per paragraph five (5) of the petition, the subject premises is an unregulated apartment. The Court conducted a trial on November 2,2022 on this matter. Petitioner called one witness - Michelle Goldstein. Respondent, Philip Leib Podry, appeared by his Guardian Ad Litem ("GAL") Rudy Ferriera and asserted a defense of a general denial. The following documents were admitted into evidence on behalf of Petitioner'. PI- Certified Deed for the subject building; P2- Petitioner's expired lease with the Respondent for the subject premises: P-3 - Rentfuse and Occupancy Ledger for the subject premises: P4 - I Petitioner on the record withdrew without prejudice the petition claims against Respondents/Undertenants - Jane Doe and John Doe - who failed to appear. 1 1 of 3 FILED: NEW YORK COUNTY CIVIL COURT CLERK-04/05/2024 04/02/2024 L&T 11/02/2022 PM INDEXPMNO.INDEX 03:3702:35 02:33 LT-057684-19/NY NO. 150842/2024 [HO] NYSCEF DOC. NO. 31 24 22 RECEIVED NYSCEF: 04/05/2024 11/02/2022 04/02/2024 Attorney Certified Multiple Dwelling Registration from the Department of Housing Preservation Development for the subject building, and the Court took Judicial Notice of the entire contents of the court file herein. Michelle Goldstein testified that she is the Vice President of the owner, that the subject premises were deregulated after luxury decontrol, that Respondent currently remains in possession of the subject premises, that currently there is $90, 000 owed in use and occupancy from December 2018 through November 30,2022; and that Petitioner rejected Emergency Rental Assistance Program ("ERAP") monies in the amount of $28, 125 representing use and occupancy for the period March 2020 through May 3l,2O2l (15 months) at a monthly rate of $1,875. Petitioner rested at the close of its primafacie case. Respondent by his GAL presented no defense beside the general denial nor presented any testimonial or documentary evidence at the trial. After the credible testimony of Michelle Goldstein, the admitted documentary evidence, the contents of the court file, the Petitioner has proven the primafacie elements of the petition. Specifically, Petitioner proved that it is the owner of the subject premises, that Respondent's month to month tenancy was properly terminated by a notice of termination, that the subject premises is not subject to rent regulation, that Respondent continues to holdover on the subject premises and that there is $61, 8752 in unpaid use and occupancy for the period December I , 2018 through February 28,2020 and June 2021 through November 30, 2022 at a monthly rate of $1,875. 2 Although the testimony of Michelle Goldstein and P3 (ledger in evidence), established that currently there is $90,000 owed in use and occupancy from December 2018 through November 30,zo22,Petitioner chose to reject the approved ERAP monies of $28, 125 representing use and occupancy for the period March 2020 through May 31,2021 (15 months at $ 1, 875). Pursuant to the ERAP statute, if the owner refuses to accept the ERAP monies, then the owner cannot seek those monies herein. 2 2 of 3 FILED: NEW YORK COUNTY CIVIL COURT CLERK-04/05/2024 04/02/2024 L&T 11/02/2022 PM INDEXPMNO.INDEX 03:3702:35 02:33 LT-057684-19/NY NO. 150842/2024 [HO] NYSCEF DOC. NO. 31 24 22 RECEIVED NYSCEF: 04/05/2024 11/02/2022 04/02/2024 Accordingly, the Petitioner is awarded a final judgment of possession against Respondent, Philip Leib Podry, with issuance of the warrant of eviction forthwith and execution of the warrant of eviction is stayed to November 3 0, 2022 for Respondent to vacate with dignity. The earliest execution date is December 1,2022. Petitioner may forthwith pre-serve a Notice of Eviction. Petitioner to serve a copy of the Notice of Eviction on Respondent's GAL - Rudy Ferreira- via email to rudyfeneira.ce@gmail.com. Petitioner is to notifu Adult Protective Services before any eviction. Additionally, Petitioner is awarded a money judgment in the amount of $61, 875 for unpaid use and occupancy against Respondent, Philip Leib Podry. ORDERED: The clerk is to enter a final judgment of possession against Respondent, Philip Leib Podry, with issuance of the warrant of eviction forthwith and execution of the warrant of eviction stayed to November 30, 2022. The earliest execution date is December 1,2022. And fuither ORDERED: The clerk is to enter a money judgment in the amount of $61, 875 against Respondent, Philip Leib Podry. This is the decision and order of this court. Copies of this decision will be uploaded to NYSCEF and emailed to Respondent's GAL - Rudy Ferreira- via email to rudy ferreir a. ce@gmai l. com. Dated:New York, NY November 2,2022 HON. FRANCES A. ORTIZ_ ii6Ea iioustno cot'Rr Judge, Ci Court Frances Ortiz 3 3 of 3