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 03/02/2021 01:47 INDEXPMNO. LT-051697-19/RI [HO]
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2021
" B"
EXHIBIT
FILED: RICHMOND CIVIL COURT - L&T 03/02/2021 01:47 INDEXPMNO. LT-051697-19/RI [HO]
Civil
NYSCEF Court
DOC. of
NO.the 31
City of New York RECEIVED NYSCEF: 03/02/2021
County of Richmond e IIINigH dJu lu liIllM
Part: PartY, Room: Courtroom 6 Index LT-05169Al9/R)
Date: November 17, 2020 Motion seq th DRP 213 motion
Decision/Order
Bard Avenue Reahy LLC Presenn Remy Smith
Petitioner(s) Judge
-against-
"John" "Doe" "Jane" "Doe"
Leland Rogan; Hava Arifi;
Respondent(s)
Recitation,as requiredby CPLR 2219(A), of thepapersconsidered in thereview of thisMotion for
Leave toenforce the 1/17/2020 judgment of possession pursuant to DRP213, for issuance of the warrant of eviction and to restore
ror inquest against John/Jane Doc
PAPERS NUMBERED
Notice of Motion and AflidavitsAnnexed I
Order to Show Cause and AfridavitsAnnexed none
Answering Affidavits none_ ___
Replying ARidavits none
Exhibits none
Stipulations file
Other file
Upon theforegoing citedpapers, the Decision/Order in this
Motion isas follows:
Motion pursunni to DRP-213 for issuance and execution ofthe warrant ofevictionagainst Hava Arifi and restorationof thematter for
inquestagainstJohn and Jane Doe is grantedand thewarrant shallissueand execute forthwith by service ofmarshal's notice asagainst
Hava Arifiand Inquest shall against and Doe 1
be held on December 3, 2020 at 9:30a.m-as John Jane
This motion seeksto enforce a judgment of possession againstHava Arifiand infavor of thepetitionerentered pursuant to stipulation
dated January I7. 2020 signed by allpartiesas well as the Guardiansad Litem and counsel for respondent/lessee Leland Rogan and
respondent undertenant Ilava Arifi. Mr. Rogan vacatedthe premises. Hava Arifiagreed to vacatethe premises by June 30.2020; she was
not obligatedto pay use and occupancy or maintenance for thiscooperative because, asisset forthinthe stipulation,Ariliwas not in
of contractwith the petitioner.The stipulation on the9th court appearance and well afterthe ad Litem2 had
privity was entered Guardian
been appointed for IlavaArifi on August 5, 2020. In addition.
counsel forArifi had interposedan Answer and Amended Answer on her
behalfon 8/1/loand 10 25/19. respectively.
Petitioner'smotion alleges.and thereis nothing inthe recordto contradict,thatArifiremains at thepremises. By the dateon which she
promised to vacate.towit. June 30, 2020, thestatewas in themiddle ofa pause on non-essentialoperations due tothe COVID-19
pandemic, Iberefore,the warrant never issued and given thegradual easing ofrestrictionsas reflectedin AdministrativeOrder 160A/20
and DRP 2 13. petitioner
made thismotion. Oral argument was held on November 10, 2020 at which time Arifiappeared inperson and her
GAI. and her priorcounsel'. as wellas petitioner's
counsel, appeared virtually.
At oral argument, Arillrequested that thecourt discharge herGuardian ad Litem based on her dissatisfactionwith thetone of theirmost
recent conversations about themotion. She has not brought a motion on notice todischarge the Guardian ad Litem. See Estate of Ford.79
A.D 2d 403 ( IstDep't 198 i)(motion todischarge guardian shallbe made on notice).This court, lack ofmotion on notice
notwithstanding
to dischargethe GAl does pass on her request hereinand denies such relief.A Guardian ad Litem "is an officerof thecoun charged with
knowing the rightsofhis ward in order toprotect him. The court has authorityto remove a GAL when hisacts or omissions prejudice his
As per the I/17/2020 duly exceuted Arili
stipulation, represented that 2 adultsotherthan herself and Rogan lived at thepremises. they
neitherappeared nor signed any documents incourt.
2 The8/5 'l9Order of Appomtment does not indicatewho requested theappointment or upon what documents the appointment was based.
lhere is norecord ofany party opposing the appointment or seeking other relatedreliefthereafterbetween appointment and the of
filing
the instantmotion,
CAMBA lileda consent to change attorney signed by Arifiand CAMBA dated I1/672020. Arifi confrmed thatshe was appearing on her
own behalfatoral argument without the assistanceof counsel
FILED: RICHMOND CIVIL COURT - L&T 03/02/2021 01:47 INDEXPMNO. LT-051697-19/RI [HO]
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2021
ward."
NY CllA v. Maldonado. 2005 NY JL LEXIS 16% (Civ.Ct. Bx. Cty.2005). In thiscase.respondent Arifiacknowledged on the
record thatthe GAL cormnunicated with her about themotion toexecute a warrant of evictionagainst her and advised her ofthe
seeking
possible consequences of such a motion. Simply, thereis no that theGAL forrespondent IInvaArifi hasbeen in anyway derelict
showing
in hisdutiesto hisward or to thecourt and therefore herorai requestto discharge him is denied.
Respondent Arifthas alsofailed toput forth opposition to themotion. She shows no proof ofcoverage under the Tenant Safe Harbor
any
Act or itsextension under Executive Order 202.66. She shows no otherproof of good cause to deny the motion or stayexecution of the
warrant. Petitioner'smotion is therefore
granted to theextent thatthewarrant of evictionshallissue againstHava Arifiand execute
forthwith,as consistentwith DRP 2 I3 and upon thiscourt'ssatisfactionthatithas complied withsuch directive'srequirements, and that
Inquest be held on December 3. 2020 at 9:30 a.m. This Decision/Order willbe emailed parties/counscUGAL
to all forthwithand a copy
mailed to thepremises via first-class
mail
The foregoing constitutesthe Decision/Order of tiescourt
Datet November 17.2020
ith.JHC
Document Filed Date
March 02, 2021
Case Filing Date
June 25, 2019
Category
Landlord and Tenant - Holdover
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Preview
FILED: RICHMOND CIVIL COURT - L&T 03/02/2021 01:47 INDEXPMNO. LT-051697-19/RI [HO] NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2021 " B" EXHIBIT FILED: RICHMOND CIVIL COURT - L&T 03/02/2021 01:47 INDEXPMNO. LT-051697-19/RI [HO] Civil NYSCEF Court DOC. of NO.the 31 City of New York RECEIVED NYSCEF: 03/02/2021 County of Richmond e IIINigH dJu lu liIllM Part: PartY, Room: Courtroom 6 Index LT-05169Al9/R) Date: November 17, 2020 Motion seq th DRP 213 motion Decision/Order Bard Avenue Reahy LLC Presenn Remy Smith Petitioner(s) Judge -against- "John" "Doe" "Jane" "Doe" Leland Rogan; Hava Arifi; Respondent(s) Recitation,as requiredby CPLR 2219(A), of thepapersconsidered in thereview of thisMotion for Leave toenforce the 1/17/2020 judgment of possession pursuant to DRP213, for issuance of the warrant of eviction and to restore ror inquest against John/Jane Doc PAPERS NUMBERED Notice of Motion and AflidavitsAnnexed I Order to Show Cause and AfridavitsAnnexed none Answering Affidavits none_ ___ Replying ARidavits none Exhibits none Stipulations file Other file Upon theforegoing citedpapers, the Decision/Order in this Motion isas follows: Motion pursunni to DRP-213 for issuance and execution ofthe warrant ofevictionagainst Hava Arifi and restorationof thematter for inquestagainstJohn and Jane Doe is grantedand thewarrant shallissueand execute forthwith by service ofmarshal's notice asagainst Hava Arifiand Inquest shall against and Doe 1 be held on December 3, 2020 at 9:30a.m-as John Jane This motion seeksto enforce a judgment of possession againstHava Arifiand infavor of thepetitionerentered pursuant to stipulation dated January I7. 2020 signed by allpartiesas well as the Guardiansad Litem and counsel for respondent/lessee Leland Rogan and respondent undertenant Ilava Arifi. Mr. Rogan vacatedthe premises. Hava Arifiagreed to vacatethe premises by June 30.2020; she was not obligatedto pay use and occupancy or maintenance for thiscooperative because, asisset forthinthe stipulation,Ariliwas not in of contractwith the petitioner.The stipulation on the9th court appearance and well afterthe ad Litem2 had privity was entered Guardian been appointed for IlavaArifi on August 5, 2020. In addition. counsel forArifi had interposedan Answer and Amended Answer on her behalfon 8/1/loand 10 25/19. respectively. Petitioner'smotion alleges.and thereis nothing inthe recordto contradict,thatArifiremains at thepremises. By the dateon which she promised to vacate.towit. June 30, 2020, thestatewas in themiddle ofa pause on non-essentialoperations due tothe COVID-19 pandemic, Iberefore,the warrant never issued and given thegradual easing ofrestrictionsas reflectedin AdministrativeOrder 160A/20 and DRP 2 13. petitioner made thismotion. Oral argument was held on November 10, 2020 at which time Arifiappeared inperson and her GAI. and her priorcounsel'. as wellas petitioner's counsel, appeared virtually. At oral argument, Arillrequested that thecourt discharge herGuardian ad Litem based on her dissatisfactionwith thetone of theirmost recent conversations about themotion. She has not brought a motion on notice todischarge the Guardian ad Litem. See Estate of Ford.79 A.D 2d 403 ( IstDep't 198 i)(motion todischarge guardian shallbe made on notice).This court, lack ofmotion on notice notwithstanding to dischargethe GAl does pass on her request hereinand denies such relief.A Guardian ad Litem "is an officerof thecoun charged with knowing the rightsofhis ward in order toprotect him. The court has authorityto remove a GAL when hisacts or omissions prejudice his As per the I/17/2020 duly exceuted Arili stipulation, represented that 2 adultsotherthan herself and Rogan lived at thepremises. they neitherappeared nor signed any documents incourt. 2 The8/5 'l9Order of Appomtment does not indicatewho requested theappointment or upon what documents the appointment was based. lhere is norecord ofany party opposing the appointment or seeking other relatedreliefthereafterbetween appointment and the of filing the instantmotion, CAMBA lileda consent to change attorney signed by Arifiand CAMBA dated I1/672020. Arifi confrmed thatshe was appearing on her own behalfatoral argument without the assistanceof counsel FILED: RICHMOND CIVIL COURT - L&T 03/02/2021 01:47 INDEXPMNO. LT-051697-19/RI [HO] NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2021 ward." NY CllA v. Maldonado. 2005 NY JL LEXIS 16% (Civ.Ct. Bx. Cty.2005). In thiscase.respondent Arifiacknowledged on the record thatthe GAL cormnunicated with her about themotion toexecute a warrant of evictionagainst her and advised her ofthe seeking possible consequences of such a motion. Simply, thereis no that theGAL forrespondent IInvaArifi hasbeen in anyway derelict showing in hisdutiesto hisward or to thecourt and therefore herorai requestto discharge him is denied. Respondent Arifthas alsofailed toput forth opposition to themotion. She shows no proof ofcoverage under the Tenant Safe Harbor any Act or itsextension under Executive Order 202.66. She shows no otherproof of good cause to deny the motion or stayexecution of the warrant. Petitioner'smotion is therefore granted to theextent thatthewarrant of evictionshallissue againstHava Arifiand execute forthwith,as consistentwith DRP 2 I3 and upon thiscourt'ssatisfactionthatithas complied withsuch directive'srequirements, and that Inquest be held on December 3. 2020 at 9:30 a.m. This Decision/Order willbe emailed parties/counscUGAL to all forthwithand a copy mailed to thepremises via first-class mail The foregoing constitutesthe Decision/Order of tiescourt Datet November 17.2020 ith.JHC