This case is not published in a printed volume and its disposition appears in a table in the reporter.
BALSAMO ROSENBLATT SHIVERS, P.C. Attorneys for Petitioner
BY: DAVID BROOKSTONE, ESQ., Of Counsel
KENNETH B. HAWCO Attorney for Respondent
Sabrina B. Kraus, J.
This summary nonpayment proceeding was commenced by 286 CLINTON LLC, ("Petitioner") seeking to recover possession of apartment 4A at 290 Clinton Avenue, Brooklyn, New York, 11205 ("Subject Premises") based on allegations that NICOLAINE LAZARRE, the tenant, ("Respondent") had failed to pay rent for July and August 2007.
The proceeding was originally returnable on October 11, 2007.
On that date, Petitioner moved to discontinue the proceeding, based on the allegation that the amount sought in the petition had been satisfied. Respondent opposed the application to discontinue, arguing that Petitioner was required to move for said relief, on written notice, pursuant to CPLR 3217. Additionally Respondent's counsel alleged that his adversary had recently advised that a new proceeding would be commenced on the heels of the discontinuance of the instant proceeding.
Respondent had also moved for summary judgment, and said motion was returnable on the initial return date for this proceeding.
The parties entered into a briefing schedule on Respondent's motion, and the Court held Petitioner's oral application to discontinue in abeyance, pending ...