Preview
FILED: RICHMOND CIVIL COURT - L&T 08/31/2021 INDEX
12:53 NO.
PM LT-051697-19/RI [HO]
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/31/2021
CIVIL COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND: HOUSING, PART Y
X
BARD AVENUE REALTY LLC,
Index No. L&T 51697/19
Petitioner,
AFFIRMATION
-against- IN SUPPORT
LELAND ROGAN, HAVA ARIFI,
"JOHN" "DOE" "JANE"
& "DOE", Subject Premises:
142 Bard Avenue, Apt. 30-B
Respondents. Staten Island, NY 10310
X
Emilio Paesano, an attorney duly admitted to practice law before the Courts of the State of
New York, affirms under the penalties of perjury pursuant to CPLR Rule 2106(a):
1. I am a Supervising Attorney with Mobilization for Justice Inc., which represents
Respondent HAVA ARIFI ("Respondent"). As such, I am familiar with the facts and
circumstances of this case. All statements made upon information and belief are based upon
conversations with my client and/or an examination of the court file,unless otherwise indicated.
2. I make this Affirmation in support of Respondent's Post-Eviction Order to Show Cause,
her firstin this proceeding, which seeks an Order from the Court staying Petitioner from re-letting
the subject premises and from removing any of the contents therein, and further granting
Respondent access to the subject premises to retrieve her belongings.
3. Pursuant to CPLR Rule 2106(a), "[t]he statement of an attorney admitted to practice in the
courts of the state, ...who is not a party to an action, when subscribed and affirmed by him to be
true under the penalties of perjury, may be served or filed in the action in lieuof and with the same
affidavit."
force and effect as an
4. Ultimately, the Court should sign and grant Respondent's present Order to Show Cause to
the extent sought herein.
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Facts
5. Respondent presumes knowledge with the relevant facts based on prior filings.
6. Respondent was evicted this morning, on August 31 2021.
7. I know this because I spoke to an agent of Marshal Daley yesterday, August 30 2021,
shortly after 4pm, and confinned that Respondent's eviction was scheduled for today in the
morning, and then spoke to Respondent this morning, who confirmed that she had been evicted.
Possession" Inventory," "Exhibits."
See "Marshal's Legal Notice & "Marshal's annexed hereto as
8. Upon information and belief,Respondent was not able to safely stow her belongings before
she was evicted.
9. Specifically, upon information and belief, Respondent was not able to safely stow her
jewelry, her bed (box spring, mattress), her fan and her lamp, her chairs, her speaker, her suitcase,
her important documents, her precious mementos and keepsakes, her linens and bedding, her
kitchenware, her shoes, posters and items that bring her happiness around her home, and some
items of furniture.
10. I personally inspected the subject premises on August 18 2021 and found the apartment to
be tidy,un-cluttered, and well-maintained.
11. Respondent is working with a number of different agencies and attorneys in order to try to
find a new apartment without delay, and as a member of this team, I am confident that Respondent
will find her new home soon. In fact, I willbe viewing an apartment for Respondent this afternoon,
in a building owned by a landlord that will accept her CityFHEPS voucher on an emergency basis,
located at 2397 Grand Avenue, Apt. 4C, Bronx, New York, 10468.
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12. However, upon information and belief, Respondent will need reasonable daily access in
the meantime, for a period of days, in order to retrieve and move her belongings, because
Respondent is currently using crutches after sustaining an injury over the weekend.
13. For example, Respondent intends to coordinate with friends as soon as possible so that they
can take and hold onto some of her bigger items until Respondent is settled in her new home.
Argument
14. Pursuant to CPLR § 2201, "the court in which an action is pending may grant a stay of
just."
proceeding in a proper case, upon such terms as may be
15. Moreover, RPAPL § 749(3) authorizes the Court to vacate or stay the warrant issued in a
summary eviction proceeding for good cause, even after execution. See e.g., Lafayette Bovnton
Hous. Coro. v. Pickett, 135 A.D.3d 518, 23 N.Y.S.3d 204 (App. Div. 1st Dep't 2016); Harvey
1390 LLC v. Bodenheim, 96 A.D.3d 664, 948 N.Y.S.2d 32 (App. Div. 1st Dep't 2012); Halsey
Homes Corp. v. Prince-Bowden, 69 Mise.3d 137(A), 132 N.Y.S.3d 514 (App. Term 2d Dep't
2020).
16. Demonstrable efforts at compliance and delays occasioned by events beyond the
respondent's control are facts tending to satisfy the requisite good cause for purposes of RPAPL
§ 749(3). See ea 2246 Holding Corn. v. Nolasco, 52 A.D.3d 377, 860 N.Y.S.2d 516 (App. Div.
1st Dep't 2008); 117 W. 142. L.L.C. v. Villanueva, 51 Misc.3d 149(A), 41 N.Y.S.3d 450 (App.
Term 1st Dep't 2016); 2203 Belmont Realty Corn. v. Gant, 51 Misc.3d 140(A), 36 N.Y.S.3d 410
(App. Term 1st Dep't 2016).
17. In any event, the Court retains supervisory authority over the enforcement of so-ordered
stipulations, and can relieve respondents in suirenary eviction proceedings from unjust results as
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circumstances dictate. See g 135 Amersfort Assoc.. LLC v. Jones, 48 Misc.3d 142(A), 20
N.Y.S.3d 292 (App. Term 2d Dep't 2015); 361 W. 121st Hous. Dev. Fund Corn. v. Frazier, 26
Misc.3d 46, 894 N.Y.S.2d 315 (App. Term 1st Dep't 2009), quoting Bank of N.Y. v. Forlini, 220
A.D.2d 377, 378, 631 N.Y.S.2d 440 (App. Div. 2nd Dep't 1995).
18. Specifically, the Court has the discretion to "apply and/or interpret statutes to provide
equitable relief, in the interests of justice, to avoid forfeitures and homelessness where the unique
relief."
facts of a particular case warrants such Errigo v. Diomede, 14 Misc. 3d 988, 829 N.Y.S.2d
873 (Civ. Ct. Kings Cty. 2007). Thus, the Court maintains the ability to "fashion an appropriate
society..."
remedy to avoid the deleterious effects of eviction on a vulnerable segment of our RL
19. Here, for the reasons stated above, the Court should stay Petitioner from re-letting the
subject premises and from removing any of the contents therein, and order Petitioner to keep those
contents safe in the interim, and then further grant Respondent reasonable access to the subject
premises to retrieve her belongings.
WHEREFORE, Respondent ARIFI prays that the relief sought herein be granted.
Dated: August , , 2021 .
Brooklyn, New York Emilio Paesano, of counsel to
Tiffany A. Liston, Esq.
Mobilization for Justice, Inc.
Attorneys for Respondent ARIFI
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Index No. L&T 51697 Year 2019
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF RICHMOND: HOUSING, PART Y
BARD AVENUE REALTY LLC,
Petitioner,
-against-
LELAND ROGAN, HAVA ARIFI,
"JOHN" "DOE" "JANE"
& "DOE", Subject Premises:
142 Bard Avenue, Apt. 30-B
Respondents. Staten Island, NY 10310
AFFIRMATION IN SUPPORT OF POST-EVICTION ORDER TO SHOW CAUSE
Mobilization for Justice, Inc.
Attorneys for Respondent HAVA AR1FI
424 East 147th Street, 3rd Floor
Bronx, NY 10455
417 - 3818
(212)
epaesano@mfilegal.org
Emilio Paesano, an attorneyduly adrnittedto the Courts of theState ofNew York, hereby certifiesthatthe annexed
papers are tothebest ofmy knowledge and upon information and belief,formed afteran inquiry reasonable under the
circumstances, thatthe presentationof saidpapers or contentionstherein arenot frivolousas defined insubsection (c)
of section130-1.1 of 22 NYCRR.
Dated: August , 2021
Brooklyn, New York
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Preview
FILED: RICHMOND CIVIL COURT - L&T 08/31/2021 INDEX 12:53 NO. PM LT-051697-19/RI [HO] NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/31/2021 CIVIL COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND: HOUSING, PART Y X BARD AVENUE REALTY LLC, Index No. L&T 51697/19 Petitioner, AFFIRMATION -against- IN SUPPORT LELAND ROGAN, HAVA ARIFI, "JOHN" "DOE" "JANE" & "DOE", Subject Premises: 142 Bard Avenue, Apt. 30-B Respondents. Staten Island, NY 10310 X Emilio Paesano, an attorney duly admitted to practice law before the Courts of the State of New York, affirms under the penalties of perjury pursuant to CPLR Rule 2106(a): 1. I am a Supervising Attorney with Mobilization for Justice Inc., which represents Respondent HAVA ARIFI ("Respondent"). As such, I am familiar with the facts and circumstances of this case. All statements made upon information and belief are based upon conversations with my client and/or an examination of the court file,unless otherwise indicated. 2. I make this Affirmation in support of Respondent's Post-Eviction Order to Show Cause, her firstin this proceeding, which seeks an Order from the Court staying Petitioner from re-letting the subject premises and from removing any of the contents therein, and further granting Respondent access to the subject premises to retrieve her belongings. 3. Pursuant to CPLR Rule 2106(a), "[t]he statement of an attorney admitted to practice in the courts of the state, ...who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in the action in lieuof and with the same affidavit." force and effect as an 4. Ultimately, the Court should sign and grant Respondent's present Order to Show Cause to the extent sought herein. 1 of 5 FILED: RICHMOND CIVIL COURT - L&T 08/31/2021 INDEX 12:53 NO. PM LT-051697-19/RI [HO] NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/31/2021 Facts 5. Respondent presumes knowledge with the relevant facts based on prior filings. 6. Respondent was evicted this morning, on August 31 2021. 7. I know this because I spoke to an agent of Marshal Daley yesterday, August 30 2021, shortly after 4pm, and confinned that Respondent's eviction was scheduled for today in the morning, and then spoke to Respondent this morning, who confirmed that she had been evicted. Possession" Inventory," "Exhibits." See "Marshal's Legal Notice & "Marshal's annexed hereto as 8. Upon information and belief,Respondent was not able to safely stow her belongings before she was evicted. 9. Specifically, upon information and belief, Respondent was not able to safely stow her jewelry, her bed (box spring, mattress), her fan and her lamp, her chairs, her speaker, her suitcase, her important documents, her precious mementos and keepsakes, her linens and bedding, her kitchenware, her shoes, posters and items that bring her happiness around her home, and some items of furniture. 10. I personally inspected the subject premises on August 18 2021 and found the apartment to be tidy,un-cluttered, and well-maintained. 11. Respondent is working with a number of different agencies and attorneys in order to try to find a new apartment without delay, and as a member of this team, I am confident that Respondent will find her new home soon. In fact, I willbe viewing an apartment for Respondent this afternoon, in a building owned by a landlord that will accept her CityFHEPS voucher on an emergency basis, located at 2397 Grand Avenue, Apt. 4C, Bronx, New York, 10468. 2 of 5 FILED: RICHMOND CIVIL COURT - L&T 08/31/2021 INDEX 12:53 NO. PM LT-051697-19/RI [HO] NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/31/2021 12. However, upon information and belief, Respondent will need reasonable daily access in the meantime, for a period of days, in order to retrieve and move her belongings, because Respondent is currently using crutches after sustaining an injury over the weekend. 13. For example, Respondent intends to coordinate with friends as soon as possible so that they can take and hold onto some of her bigger items until Respondent is settled in her new home. Argument 14. Pursuant to CPLR § 2201, "the court in which an action is pending may grant a stay of just." proceeding in a proper case, upon such terms as may be 15. Moreover, RPAPL § 749(3) authorizes the Court to vacate or stay the warrant issued in a summary eviction proceeding for good cause, even after execution. See e.g., Lafayette Bovnton Hous. Coro. v. Pickett, 135 A.D.3d 518, 23 N.Y.S.3d 204 (App. Div. 1st Dep't 2016); Harvey 1390 LLC v. Bodenheim, 96 A.D.3d 664, 948 N.Y.S.2d 32 (App. Div. 1st Dep't 2012); Halsey Homes Corp. v. Prince-Bowden, 69 Mise.3d 137(A), 132 N.Y.S.3d 514 (App. Term 2d Dep't 2020). 16. Demonstrable efforts at compliance and delays occasioned by events beyond the respondent's control are facts tending to satisfy the requisite good cause for purposes of RPAPL § 749(3). See ea 2246 Holding Corn. v. Nolasco, 52 A.D.3d 377, 860 N.Y.S.2d 516 (App. Div. 1st Dep't 2008); 117 W. 142. L.L.C. v. Villanueva, 51 Misc.3d 149(A), 41 N.Y.S.3d 450 (App. Term 1st Dep't 2016); 2203 Belmont Realty Corn. v. Gant, 51 Misc.3d 140(A), 36 N.Y.S.3d 410 (App. Term 1st Dep't 2016). 17. In any event, the Court retains supervisory authority over the enforcement of so-ordered stipulations, and can relieve respondents in suirenary eviction proceedings from unjust results as 3 of 5 FILED: RICHMOND CIVIL COURT - L&T 08/31/2021 INDEX 12:53 NO. PM LT-051697-19/RI [HO] NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/31/2021 circumstances dictate. See g 135 Amersfort Assoc.. LLC v. Jones, 48 Misc.3d 142(A), 20 N.Y.S.3d 292 (App. Term 2d Dep't 2015); 361 W. 121st Hous. Dev. Fund Corn. v. Frazier, 26 Misc.3d 46, 894 N.Y.S.2d 315 (App. Term 1st Dep't 2009), quoting Bank of N.Y. v. Forlini, 220 A.D.2d 377, 378, 631 N.Y.S.2d 440 (App. Div. 2nd Dep't 1995). 18. Specifically, the Court has the discretion to "apply and/or interpret statutes to provide equitable relief, in the interests of justice, to avoid forfeitures and homelessness where the unique relief." facts of a particular case warrants such Errigo v. Diomede, 14 Misc. 3d 988, 829 N.Y.S.2d 873 (Civ. Ct. Kings Cty. 2007). Thus, the Court maintains the ability to "fashion an appropriate society..." remedy to avoid the deleterious effects of eviction on a vulnerable segment of our RL 19. Here, for the reasons stated above, the Court should stay Petitioner from re-letting the subject premises and from removing any of the contents therein, and order Petitioner to keep those contents safe in the interim, and then further grant Respondent reasonable access to the subject premises to retrieve her belongings. WHEREFORE, Respondent ARIFI prays that the relief sought herein be granted. Dated: August , , 2021 . Brooklyn, New York Emilio Paesano, of counsel to Tiffany A. Liston, Esq. Mobilization for Justice, Inc. Attorneys for Respondent ARIFI 4 of 5 FILED: RICHMOND CIVIL COURT - L&T 08/31/2021 INDEX 12:53 NO. PM LT-051697-19/RI [HO] NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 08/31/2021 Index No. L&T 51697 Year 2019 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF RICHMOND: HOUSING, PART Y BARD AVENUE REALTY LLC, Petitioner, -against- LELAND ROGAN, HAVA ARIFI, "JOHN" "DOE" "JANE" & "DOE", Subject Premises: 142 Bard Avenue, Apt. 30-B Respondents. Staten Island, NY 10310 AFFIRMATION IN SUPPORT OF POST-EVICTION ORDER TO SHOW CAUSE Mobilization for Justice, Inc. Attorneys for Respondent HAVA AR1FI 424 East 147th Street, 3rd Floor Bronx, NY 10455 417 - 3818 (212) epaesano@mfilegal.org Emilio Paesano, an attorneyduly adrnittedto the Courts of theState ofNew York, hereby certifiesthatthe annexed papers are tothebest ofmy knowledge and upon information and belief,formed afteran inquiry reasonable under the circumstances, thatthe presentationof saidpapers or contentionstherein arenot frivolousas defined insubsection (c) of section130-1.1 of 22 NYCRR. Dated: August , 2021 Brooklyn, New York 5 of 5