Jam. Seven LLC v. Douglas, L & T 73780/19

CourtNew York Civil Court
Writing for the CourtClinton J. Guthrie, J.
Citation73 Misc.3d 659,155 N.Y.S.3d 528
Docket NumberL & T 73780/19
Decision Date30 September 2021
Parties JAMAICA SEVEN LLC, Petitioner, v. Marlon M. DOUGLAS, Tracey Reid, John Doe, Jane Doe, Respondents.

73 Misc.3d 659
155 N.Y.S.3d 528

JAMAICA SEVEN LLC, Petitioner,
v.
Marlon M. DOUGLAS, Tracey Reid, John Doe, Jane Doe, Respondents.

L & T 73780/19

Civil Court, City of New York, Queens County.

Decided on September 30, 2021


Maria Tibas, Esq., of counsel, Curtis Harger, Esq., 166-07 Hillside Avenue, Suite #1, Jamaica, NY 11432, Attorneys for Petitioner

Clinton J. Guthrie, J.

73 Misc.3d 660

The decision and order on petitioner's motion to restore, for a default judgment, and for related relief and the hearing taken via Microsoft Teams on September 28, 2021 is as follows.

PROCEDURAL HISTORY

This nonpayment proceeding was commenced in December 2019. After an initial warrant request was rejected by the court (Scott-McLaughlin, J.), all eviction proceedings were suspended as a result of the COVID-19 public health emergency. See Administrative Order (AO) 68/20. Thereafter, in March 2021, petitioner made the instant motion to restore and for a default judgment. The motion appeared in the HMP Part on June 21, 2021 and July 27, 2021. After respondents failed to appear on both dates, the motion was adjourned to August 23, 2021 in Part E. On August 23, 2021, respondents again failed to appear. At the time, Part A of the COVID-19 Emergency Eviction and Foreclosure Prevention Act ("EEFPA") [L 2020, ch 381], which had required a hearing upon motion before the entry of default judgments in eviction proceedings (Section 5), had been enjoined by the US Supreme Court. See Chrysafis v. Marks , 594 U.S. ––––, 141 S.Ct. 2482, ––– L.Ed.2d –––– [2021]. Since petitioner had not submitted non-military affidavits, however, the proceeding was adjourned to September 13, 2021 for submission. On September 13, 2021, respondents failed to appear. Prior to the

73 Misc.3d 661

September 13th court date, Governor Kathy Hochul signed L 2021, ch 417, which reinstated the motion and hearing requirements before default judgments could be issued in eviction proceedings (Part C, Subpart A, Sec. 5).

Upon respondents’ failure to appear on September 13, 2021, the court granted petitioner's motion to restore and for a default judgment (which had not been withdrawn)

155 N.Y.S.3d 530

to the extent of setting it down for a hearing as required by L 2021, ch 417. The hearing was scheduled for September 28, 2021. On September 28, 2021, respondents failed to appear and the court conducted a hearing via Microsoft Teams with petitioner's attorney and witness. Upon the conclusion of the hearing, the court reserved decision on the ultimate relief requested in petitioner's motion.

HEARING

Petitioner's attorney first offered exhibits that the court admitted without testimony: Exhibit 1, a deed for the subject building, which the court admitted after comparing its contents with the same document found on the ACRIS (Automated City Register Information System) website; Exhibit 2, the HPD multiple dwelling registration (MDR) receipt, which the court took judicial notice of pursuant to Multiple Dwelling Law (MDL) § 328(3) after comparing it with the information on Department of Housing...

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