405 E. 56th St., LLC v. Eileen Steginsky 405 E. 56th St.
| Decision Date | 04 March 2013 |
| Docket Number | Index No.: L&T 89478/2012 |
| Citation | 2013 NY Slip Op 30427 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | 405 EAST 56TH STREET, LLC Petitioner v. EILEEN STEGINSKY 405 EAST 56TH STREET, Unit 7F NEW YORK, NY 10022 Respondent "JOHN DOE" AND "JANE DOE" Respondents-Occupants |
2013 NY Slip Op 30427
405 EAST 56TH STREET, LLC Petitioner
v.
EILEEN STEGINSKY 405 EAST 56TH STREET,
Unit 7F NEW YORK, NY 10022 Respondent
"JOHN DOE" AND "JANE DOE" Respondents-Occupants
Index No.: L&T 89478/2012
CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: HOUSING PART C
Dated: March 4, 2013
The summary non-payment proceeding was commenced by 405 EAST 56TH STREET, LLC (Petitioner) against EILEEN STEGINSKY (Respondent) based on allegation that Respondent owes $18,780.35 in arrears through November 2012 at a monthly rent of $1830.45 per month. Petitioner moves to dismiss defenses and counterclaims and for sanctions and Respondent cross-moves for leave to serve a second amended answer. The parties have been in prolonged litigation for years and both parties reference prior proceedings in their motion papers.
Petitioner commence a non-payment proceeding against respondent in 2009 under Index Number 70785/2009. Petitioner sought $5,273.56 in arrears for a period covering May 2006 through April 2009 at a monthly rent of $1656.81. Respondent filed an answer on June 24,
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2009, and the proceeding was originally returnable July 2, 2009. Respondent is an attorney admitted to practice law in New York since 1984. The proceeding was scheduled for trial on October 8, 2009, Respondent failed to appear and a judgment was entered against her for $15,214.92 on default. Respondent had submitted an affidavit of engagement which was not accepted by the court (Schneider,J). On October 20, 2009, Respondent's motion to vacate the default judgment was granted by the court (Spears, J.) And the proceeding was adjourned to November 5, 2009 for trial. On December 10, 2009, the proceeding was transferred to Part X for assignment to a trial part. The proceeding was assigned to Part P for trial. Respondent paid $26,700.00 at trial which was rent due through June 2010, and the trial judge ruled on Respondent's claim for an abatement for the period of April 2003 through February 2010. The judge (Cohen, J) awarded Respondent an abatement totaling $4,592.26 for said period pursuant to a decision issued December 20, 2010.
Even prior to the issuance of the decision by the Judge in the 2009 proceeding, Petitioner issued a three day demand for the 2011 proceeding seeking $ 10,658.54 in arrears through December 2010. Respondent filed an answer on March 3, 2011 and the proceeding was originally returnable March 11, 2011.
Respondent sought leave to file an amended answer and Petitioner moved to strike certain defenses and for related relief. On April 13, 2011, the court issued a decision and order striking certain defenses and counterclaims. The proceeding was adjourned to May 2, 2011, when Respondent failed to appear and a default judgment was entered against her for $12,906.86 as all rent due through January 2011. On May 17, 2011, Respondent's motion to vacate the default judgment was granted and the proceeding was set for trial on June 14, 2011 and marked
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