Posted by Anna on October 27, 1999 at 23:31:14:
In Reply to: Re: JUDGE GRANTED SUMMARY JUDGMENT FOR LANDLORD posted by Caroline Fass on October 27, 1999 at 22:55:59:
: : You have thirty days from when you are served with the order and notice of entry (35 days from the date of mailing, if served by mail) to appeal or to move to re-argue. You are NOT in the jurisdiction of the Appellate Term, First Department, which covers Manhattan and the Bronx.
: : Try to get something in writing from the Department of Buildings about the Certificate of Occupancy, for the motion to re-argue, or possibly for a motion to renew (new evidence).
: : The motion to re-argue does not extend your time to appeal the original order, and if the judge denies your motion to re-argue, you don't have a right to appeal the denial.
: CAN I WRITE A MOTION TO RENEW AND/OR MOTION TO REARGUE MOTION AND BRING IT TO THE TRAVERSE HEARING ON NOV. 4? THE LANDLORD WILL WIN ACCORDING TO THE JUDGE ONLY IF HE WINS THE TRAVERSE HEARING. CAN I MAKE A MOTION TO RENEW AND/OR ARGUE AT THIS HEARING? THANKS. PLEASE HELP. EMERGENCY. I HAVE 5 KIDS AND NO PLACE TO GO EXCEPT BACK TO SHELTER AND MY KIDS ARE UNDER 7 YEARS OLD. I WENT TO DEPT. OF BUILDINGS AND LANDLORD HAS NEW VIOLATIONS AS OF 10/22/99 A DAY AFTER THE JUDGE MADE HER DETERMINATION ON 10/21/99. SHE SAID THAT SHE WAS GRANTING SUMMARY JUDGEMENT FOR THE LANDLORD PENDING THE TRAVERSE HEARING. IF I WIN THE TRAVERSE HEARING, THEN THIS CASE WILL BE DISMISSED. PLEASE HELP ME SOMEONE.
(if you have any control over this at AOL.com, please turn off your caps: it is very hard to read and considered rude in netiquette)
A Traverse Hearing is to determine if the process servers served both sets of papers exactly as described in the statute, usually RPAPL 735 for L&T cases. Tenants rarely win them, even when it is clear that the process server is committing perjury... so read more about that, and good luck.
You did not really say how your case got to this point, but it sounds like the Petitioner made a Motion for Summary Judgment and won. You can make a motion to reargue due to mistake of law or mistake of fact. You will need a certified copy of somethiing other that the CofO from the Dept of Buildings to show that she misread it, maybe a computer printout? You should also get a certified copy of HPD's computer violations, for your defense of Warranty of Habitability, and rent abatement.
But what you need most is to bring all of your papers to a lawyer, asap. Try the 'pro se attorney' at Housing Court.
There's a Queens tenant clinic listed at the bottom of Claire Shulman's, Queens Borough President, very informative memo on Illegal Apts, a hot topic in Queens. Click below. http://www.queens.nyc.ny.us/presiden/convert.htm
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