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East River Housing Corp. v. Aaron

Civil Court of City of New York, New York County

July 17, 2013

EAST RIVER HOUSING CORP., Petitioner,
v.
Stephanie AARON, 573 Grand Street, Apt D1501 New York, N.Y. 10002, Respondent,

Editorial Note:

This decision has been referenced in a table in the New York Supplement.

Rosenberg & Estis, PC by Bradley S. Silverbush, Esq., New York, Attorneys for Petitioner.

Karen Copeland, New York, Attorney for Respondent.

SABRINA B. KRAUS, J.

BACKGROUND

The summary holdover proceeding was commenced by EAST RIVER HOUSING CORP (Petitioner) against STEPHANIE AARON (Respondent) the proprietary lessee for 573 Grand Street, Apt D1501, NEW YORK, N.Y. 10002 (Subject Premises) based on the allegation that Respondent was violating her lease by harboring a dog in the Subject Premises.

PROCEDURAL HISTORY

Petitioner issued a ten day notice to cure on September 14, 2012, requiring a cure by October 2, 2012. A notice of termination issued on October 18, 2012, and the proceeding was initially returnable on November 29, 2012.

Respondent appeared by counsel, and the proceeding was adjourned through and including April 30, 2013 for motion practice. New counsel for Petitioner substituted in on January 17, 2013.

On March 27, 2013, Petitioner moved for summary judgment. On April 30, 2013, Respondent cross-moved for a stay pending the outcome of Respondent's discrimination complaint at the New York State Division of Human Rights (DHR). On April 30, 2013, the court denied Respondent's motion for a stay per order which provided " ... based on April 23, 2013 determination by New York State Division of Human Rights that there is no probable cause to believe landlord engaged in any discriminatory practice." On the same date, the court granted Petitioner's cross-motion for summary judgment, awarding Petitioner a final judgment of possession and staying issuance of the warrant through and including May 31, 2013 " ... to afford Resp an opportunity to cure by permanently removing the dog from the Subject Premises."

On June 11, 2013, Respondent moved for renewal of this court's denial of her motion for a stay pending a final determination of HUD and the New York State Division of Human Rights.

On July 10, 2013, the court heard argument and reserved decision.

FACTS

Respondent is the proprietary lessee of the Subject Premises pursuant to a lease agreement executed November 24, 2003. Article 27 of the house rules annexed to the proprietary lease states that Pets are prohibited and that compliance with ...


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