On June 25, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Bard Avenue Realty Llc,
and
Hava Arifi,
Jane Doe,
John Doe,
for Landlord and Tenant - Holdover
in the District Court of Richmond County.
Preview
FILED: RICHMOND CIVIL COURT - L&T 01/14/2021 06:38 INDEXPMNO. LT-051697-19/RI [HO]
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/14/2021
EXHIBIT B
FILED: RICHMOND CIVIL COURT - L&T 01/14/2021 06:38 INDEXPMNO. LT-051697-19/RI [HO]
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/14/2021
of itu on
Part:Part Y, Room: Courtroom 6 Index h LT-05169749/R1
Date: November 17. 2020 Motion Seq it:DRP213 motion
Decision/Order
Bard Avenue Reaky LLC Presentt Remy Smith
Petitioner(s) Judge
-against-
"lohn" "Jane" "Doc"
Leland Rogan; HavaArifi; "Doe";
Respondem(s)
Recitation,as required by CPLR 2219(A), of thepapers considered inthe review of thisMotion for:
Leave toenforce the 1/17/2020 judgment of possession pursuant to DRP213, for issuance of the warrant ofeviction and to reston
for Inquest against John/Jane Doe
PAPERS NUMBERED
Notice of Motion and AGidavits Annexed I
Order to Show Cause and Amdavits Annexed none
Answering Arlidavits none
Replying Affidavits none
Exhibits none
Stipulations file
Other tile
Upon the foregoing citedpapers, the Decision/Order in thisMotion is as follows:
Motion punuant to DRP-213 forissuance and execution of thewarrant ofeviction against Hava Arifi and restorationof thematter for
inquest agamst John and Jane Doe is granted and the warrant shallissueand execute forthwith serviceof marshars notice as against
by
against and Doe 3
Hava Anfi and inquest shallbe held on December 3, 2020 at 9:30a.m.as John Jane
This motion seeksto enforce a judgment ofpossession against Hava Arifiand infavor ofthe petitionerentered pursuant tostipulation
dated I7,2020 signed by all partiesaswell as theGuardians ad Litem and counsel for respondent/lessee Leland Rogan and
January
respondent undertenant IfavaArili. Mr. Rogan vacated the premises. Hava Arifi agreed tovacate the premises by June 30. 2020. she was
not obhgated topay use and occupancy or maintenance forthiscooperative because, as is set
forth inthe Arili
stipulation, was not in
privityof contractwith the petitioner.The stipulation
was enteredon the 9th courtappearance and well aller theGuardian ad Litem had
been appomied forl lavaArifion August 5.2020. Inaddition, counsel forArifihad interposed an Answer and Amended Answer on her
behalf on 8 I 19 and 10 25 19. respectively.
Petitionen motion alleges.and thereis nothing inthe record that
to contradict, Aritiremains at thepremises. By thedate on which she
promised to vacale.to wit.June 30, 2020, thestate was inthe middle of a pauseon non-essentialoperations due to theCOVID-19
pandemic. the
There fore. WJiTant never issued and given thegradual casing of as reflecled
restrictions in Administrative Order 160A 20
and DRP petitioner
2 I3. made this motion. Oral argument was held on November 10, 2020 at which time Arifiappeared inperson and her
GAl and herprior counsel'.as well as petitioner's
counsel, appeared virtually.
At oralarguments Arifirequested that thecourt discharge her Guardian ad Litem based on her with
dissatisfaction the tone oftheirmost
recent conversations about themotion, She has not brought a motion on notice todischarge the Guardian ad Litem. See liitate
of Ford, 79
A.D.2d .103 ( I st Dep't
198 I X motiontodischarge guardian shall be made on notice).
This court, notwithstanding lack of motion on notice
to discharge the GAL does pass on her request herein and denies such relief.A Guardian ad Litem "isan omcer of thecourt charged with
knowing the nghts of hisward inorder to protecthim. The court has authoritytoremove a GAL when hisacts or omissions prejudice his
As per the L/17/2020 didy executed stipulation,Arifirepresented that2 adultsother than herselfand Rogan livedat thepremises. they
neitherappeared nor signed any documents in court.
2 The 8/5/19 Order Appointment does not who requested
of indicate the appointment or upon what documents the appointment was based.
There is no recordof any party opposing the appointment or seeking other relatedreliefthereafterbetween appointment and the of
Bling
the instantmotion.
3
CAMBA med a consent tochange anorney signed by Arifiand CAMBA dated I1/6/2020. Arificon0rmed thatshe was on her
appearing
own behalfatoral argument w îÃhoutthe assistanceof cotmsel.
FILED: RICHMOND CIVIL COURT - L&T 01/14/2021 06:38 INDEXPMNO. LT-051697-19/RI [HO]
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/14/2021
ward."
NYCHA v. Maldonado. 2005 NYJL LEXIS 1696 (Civ. CL Bx. Cty. 2005). Inthis case,respondent Ariti acknowledged on the
record thatthe GAL communicated with her about the motion to execute a warrant ofeviction againsther and advised her ofthe
seeking
possible consequences of such a motion. Simply, there is no thatthe GAl, for respondent IInva Arifihas been in anyway derelict
showing
inhis dutiesto hisward orto the court and therefore her oralrequest todischarge him is denied.
Respondent Arifihas also failedto put forthany opposition to themotion. She shows no proof ofcoverage under the Tenant Safe f larbor
Act or itsextension under Executive Order 202.66. She shows no other proof of good cause to the motion or stayexecution ofthe
deny
warrant. Petitioner'smotion is thereforegranted tothe extentthatthe warram of evictionshall issueagainst Have Arifiand execute
forthwith,as consistentwith DRP 213 and upon thiscourt'ssatisfactionthatithas complied withsuch directive'srequirements.and that
Inquest be held on December 3.2020 at 9:30a.m. This Decision/Order willbe emailed toallparties/counseliGAI. forthwith and a copy
mailed tothe premises via first-class
mail
The foregoing constitutesthe Decision/Order ofthis court,
Date: November (7,2020
ith,JHC
Document Filed Date
January 14, 2021
Case Filing Date
June 25, 2019
Category
Landlord and Tenant - Holdover
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Preview
FILED: RICHMOND CIVIL COURT - L&T 01/14/2021 06:38 INDEXPMNO. LT-051697-19/RI [HO] NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/14/2021 EXHIBIT B FILED: RICHMOND CIVIL COURT - L&T 01/14/2021 06:38 INDEXPMNO. LT-051697-19/RI [HO] NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/14/2021 of itu on Part:Part Y, Room: Courtroom 6 Index h LT-05169749/R1 Date: November 17. 2020 Motion Seq it:DRP213 motion Decision/Order Bard Avenue Reaky LLC Presentt Remy Smith Petitioner(s) Judge -against- "lohn" "Jane" "Doc" Leland Rogan; HavaArifi; "Doe"; Respondem(s) Recitation,as required by CPLR 2219(A), of thepapers considered inthe review of thisMotion for: Leave toenforce the 1/17/2020 judgment of possession pursuant to DRP213, for issuance of the warrant ofeviction and to reston for Inquest against John/Jane Doe PAPERS NUMBERED Notice of Motion and AGidavits Annexed I Order to Show Cause and Amdavits Annexed none Answering Arlidavits none Replying Affidavits none Exhibits none Stipulations file Other tile Upon the foregoing citedpapers, the Decision/Order in thisMotion is as follows: Motion punuant to DRP-213 forissuance and execution of thewarrant ofeviction against Hava Arifi and restorationof thematter for inquest agamst John and Jane Doe is granted and the warrant shallissueand execute forthwith serviceof marshars notice as against by against and Doe 3 Hava Anfi and inquest shallbe held on December 3, 2020 at 9:30a.m.as John Jane This motion seeksto enforce a judgment ofpossession against Hava Arifiand infavor ofthe petitionerentered pursuant tostipulation dated I7,2020 signed by all partiesaswell as theGuardians ad Litem and counsel for respondent/lessee Leland Rogan and January respondent undertenant IfavaArili. Mr. Rogan vacated the premises. Hava Arifi agreed tovacate the premises by June 30. 2020. she was not obhgated topay use and occupancy or maintenance forthiscooperative because, as is set forth inthe Arili stipulation, was not in privityof contractwith the petitioner.The stipulation was enteredon the 9th courtappearance and well aller theGuardian ad Litem had been appomied forl lavaArifion August 5.2020. Inaddition, counsel forArifihad interposed an Answer and Amended Answer on her behalf on 8 I 19 and 10 25 19. respectively. Petitionen motion alleges.and thereis nothing inthe record that to contradict, Aritiremains at thepremises. By thedate on which she promised to vacale.to wit.June 30, 2020, thestate was inthe middle of a pauseon non-essentialoperations due to theCOVID-19 pandemic. the There fore. WJiTant never issued and given thegradual casing of as reflecled restrictions in Administrative Order 160A 20 and DRP petitioner 2 I3. made this motion. Oral argument was held on November 10, 2020 at which time Arifiappeared inperson and her GAl and herprior counsel'.as well as petitioner's counsel, appeared virtually. At oralarguments Arifirequested that thecourt discharge her Guardian ad Litem based on her with dissatisfaction the tone oftheirmost recent conversations about themotion, She has not brought a motion on notice todischarge the Guardian ad Litem. See liitate of Ford, 79 A.D.2d .103 ( I st Dep't 198 I X motiontodischarge guardian shall be made on notice). This court, notwithstanding lack of motion on notice to discharge the GAL does pass on her request herein and denies such relief.A Guardian ad Litem "isan omcer of thecourt charged with knowing the nghts of hisward inorder to protecthim. The court has authoritytoremove a GAL when hisacts or omissions prejudice his As per the L/17/2020 didy executed stipulation,Arifirepresented that2 adultsother than herselfand Rogan livedat thepremises. they neitherappeared nor signed any documents in court. 2 The 8/5/19 Order Appointment does not who requested of indicate the appointment or upon what documents the appointment was based. There is no recordof any party opposing the appointment or seeking other relatedreliefthereafterbetween appointment and the of Bling the instantmotion. 3 CAMBA med a consent tochange anorney signed by Arifiand CAMBA dated I1/6/2020. Arificon0rmed thatshe was on her appearing own behalfatoral argument w îÃhoutthe assistanceof cotmsel. FILED: RICHMOND CIVIL COURT - L&T 01/14/2021 06:38 INDEXPMNO. LT-051697-19/RI [HO] NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/14/2021 ward." NYCHA v. Maldonado. 2005 NYJL LEXIS 1696 (Civ. CL Bx. Cty. 2005). Inthis case,respondent Ariti acknowledged on the record thatthe GAL communicated with her about the motion to execute a warrant ofeviction againsther and advised her ofthe seeking possible consequences of such a motion. Simply, there is no thatthe GAl, for respondent IInva Arifihas been in anyway derelict showing inhis dutiesto hisward orto the court and therefore her oralrequest todischarge him is denied. Respondent Arifihas also failedto put forthany opposition to themotion. She shows no proof ofcoverage under the Tenant Safe f larbor Act or itsextension under Executive Order 202.66. She shows no other proof of good cause to the motion or stayexecution ofthe deny warrant. Petitioner'smotion is thereforegranted tothe extentthatthe warram of evictionshall issueagainst Have Arifiand execute forthwith,as consistentwith DRP 213 and upon thiscourt'ssatisfactionthatithas complied withsuch directive'srequirements.and that Inquest be held on December 3.2020 at 9:30a.m. This Decision/Order willbe emailed toallparties/counseliGAI. forthwith and a copy mailed tothe premises via first-class mail The foregoing constitutesthe Decision/Order ofthis court, Date: November (7,2020 ith,JHC