952 Associates, LLC v. Palmer

Decision Date03 June 2008
Docket Number3813N.
Citation2008 NY Slip Op 04944,859 N.Y.S.2d 138,52 A.D.3d 236
Parties952 ASSOCIATES, LLC, Appellant, v. ANN PALMER, Respondent.
CourtNew York Supreme Court — Appellate Division

Defendant agreed in Civil Court to the entry of a judgment of eviction and to vacate the premises in exchange for $550,000, in accordance with NY City Civil Court Act § 204. The Housing Part of Civil Court has the same subject matter jurisdiction to compel compliance with this "so-ordered" settlement agreement (see CPLR 5221 [a] [3]; NY City Civ Ct Act § 1508) as would the Supreme Court (see NY City Civ Ct Act § 212). Once such jurisdiction is established, Civil Court is able to hear related matters, such as plaintiff's cross motion to disgorge disputed funds, and the determination of monies due defendant, pursuant to its adjunct power under section 212.

Plaintiff's argument that it was unable to provide defendant with copies of the settlement between the remaining rent stabilized tenant and the prospective purchaser is unavailing. The plain language of the settlement makes it clear that plaintiff would provide not only any agreement it entered into with the remaining rent stabilized tenant, but "any other agreements or writing or documents related to any compensation received by [the tenant] for her surrendering and vacating her apartment at the Premises."

We reject plaintiff's argument that the Civil Court proceeding must be removed to Supreme Court because it seeks substantial disclosure. A summary proceeding pursuant to the Real Property Actions and Proceedings Law is a special proceeding (CPLR art 4) in which disclosure may be utilized by leave of court (CPLR 408; McQueen v Grinker, 158 AD2d 355, 359 [1990]). Stay of an action rests within the court's discretion (see Britt v International Bus Servs., 255 AD2d 143, 144 [1998]).

In general, only where the decision in one action will determine all the questions in the other action, and the judgment on one trial will dispose of the controversy in both, is a stay justified; this requires a complete identity of the parties, the causes of action and the judgment...

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23 cases
  • Explorers Club, Inc. v. Diageo PLC
    • United States
    • New York Supreme Court
    • August 4, 2014
    ...this proceeding in favor of the Federal Action, or a stay pending resolution that action (CPLR 2201 ; 952 Associates, LLC v. Palmer, 52 A.D.3d 236, 236–37, 859 N.Y.S.2d 138 [1st Dept.2008] ).A. Laches The Court also rejects Diageo's contention that this proceeding is barred by the doctrine ......
  • Momart Disc. Store Ltd. v. Rossi
    • United States
    • New York Civil Court
    • July 18, 2016
    ...631 (1st Dept. 2014), Oxbow Calcining USA Inc. v. American Indus. Partners, 96 A.D.3d 646 (1st Dept. 2012), 952 Assoc., LLC v. Palmer, 52 A.D.3d 236, 236-37 (1st Dept. 2008), Belopolsky v. Renew Data Corp., 41 A.D.3d 322, 322-323 (1st Dept. 2007), even for summary proceedings. Maguire v. Ar......
  • People v. N. Leasing Sys., Inc.
    • United States
    • New York Supreme Court
    • May 18, 2018
    ...must obtain the court's permission. C.P.L.R. § 408; Hirsch v. Stewart, 63 A.D.3d 74, 81 (1st Dep't 2009); 952 Assoc., LLC v. Palmer, 52 A.D.3d 236, 236 (1st Dep't 2008); Roth v. Pakstis, 13 A.D.3d 194, 195 (1st Dep't 2004); Stapleton Studios v. City of New York, 7 A.D.3d 273, 274-75 (1st De......
  • Findlay House, Inc. v. Zhang Hongliu
    • United States
    • New York Civil Court
    • August 31, 2018
    ...this requires a complete identity of the parties, the causes of action and the judgment sought." ( 952 Assoc., LLC v. Palmer , 52 A.D.3d 236, 236-37, 859 N.Y.S.2d 138 [1st Dept. 2008].)The parties and issues in both the holdover proceeding and the proceeding initiated by Respondent with the......
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1 books & journal articles
  • F. Disclosure in Summary Proceedings Disclosure in Summary Proceedings
    • United States
    • New York State Bar Association Practical Skills: Residential Landlord-Tenant Law & Procedure (NY) IV Conveying the Tenancy
    • Invalid date
    ...or testimony at trial, but are not to serve as a pre-trial discovery substitute." 1566 --------Notes:[1549] 952 Assocs., LLC v. Palmer, 52 A.D.3d 236, 236, 859 N.Y.S.2d 138 (1st Dep't 2008).[1550] CPLR 408.[1551] Lonray, Inc. v. Newhouse, 229 A.D.2d 440, 440–41, 644 N.Y.S.2d 900 (2d Dep't 1......

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