notice of petition - please help

[NYHawk]

what is the name of the Housing Court judge involved in your case??

[ilostmytruelove]

you know, i can honestly say i have no idea of his name.

he's in room 602, Part G on Livingston St. I got him last year also in the same room and Part

[NYHawk]

I find the story by "carol" to be highly suspicious. I have never heard of a judge calling a tenant (whether the tenant has a lawyer or not). And when I asked for the name of the judge, "carol" is clueless. Almost all tenants I speak with know the name of the judge they have dealt with. Especially as in this case where a tenant who has supposedly dealt with the same judge several times. I'm sceptical.

[ilostmytruelove]

Originally posted by NYHawk:
I find the story by "carol" to be highly suspicious. I have never heard of a judge calling a tenant (whether the tenant has a lawyer or not). And when I asked for the name of the judge, "carol" is clueless. Almost all tenants I speak with know the name of the judge they have dealt with. Especially as in this case where a tenant who has supposedly dealt with the same judge several times. I'm sceptical.

well i'm not sure exactly why you would say this. if you'd like to go to court on our next hearing date which is set for February 15th now because the attys served me with a motion to squash my traverse based upon not sending in the $350 and granting a final judgment for all legal fees plus the 350. This is in Part G. here, you'll hear straight from the Judge's mouth, along with sontag's mouth about the Judge calling me. we are at 141 livingston street and you can order a transcript if you'd like of the index no. 103184/04 which the Judge says that he called me. and i dont know the name of the judge, because its not important to me who the judge is because my concern is to try to win the case, not go by which judge i get. to me, every judge is equal as far as i know. the Judge starts with a C (copella, ??) if it helps you.

anyways, I met with Sokolski and was given different scenarios to play with.
1. if i go for traverse and win, the judge can do it w/o prejudice and they'll serve me in court, only i'll have the back rent so the case is over, however it's not really over, because they can still take me to court to try me for legal fees.
2. i can take the landlord's offer of 1850 including the 350 ordered by the judge to get a traverse hearing and just close the sale within 2 weeks. they gave me that option til feb. 10
3. i can waive traverse and just get to the main issue which is that I all along, along with my closing lawyer and broker, thought that they would be just subtracting the back rent from the sale of the co-op. it all would come down to if the Judge really thought they intended to do this. i'll add that they admitted in court that if they do win the legal fees, they would minus it from the sale, so this is what will help my case.

4. since I didn't pay the 350 by feb 1 as ordered by the judge to pay or else my traverse hearing is waived, i can file an appeal on this if I should lose the trial.

5. my motion to dismiss was denied because I didnt file it with the court properly. so, i can serve it properly and it'll be brought back up to Part G.

6. I could retain a lawyer, however, there's no guarantee that the Judge will give back all the money to me. so, i could be on the losing side for a lawyer anyways. and they did say i'm doing a pretty decent job so far and I can handle it.

So, on Friday, I accepted their offer of 1850 which included the 350 for the process server because I don't want to lose the buyers.

On Monday, my closing atty said he would contact them.

but, today, I was served with the motion to squash not only the traverse, but my answer and to award them 2200 plus 350 plus 290 for the new motion plus 300 an hour for the feb 15 motion hearing.

i immediately called up my closing atty and left a message that I would be going on and serving my motion to dismiss because these lawyers lied. they accepted the offer of 1850 and now they reneged on it.

if i think i cant handle this motion to dismiss, i'll retain Sokolski and use my closing atty as a witness to the 1850 acceptance which included the 350.00

[Downtown]

Have your closing atty talk to whomever accepted the offer on Fri. The motion was probably done on Feb. 2. This might all be cleared up with a phone call.

[hannul]

1. I don't believe Romea is overturned. There are many factors to compare to see if your situation is comparable to Romea. For instance, whether the 5 day notice was an initial communication you received regarding a personal debt (back rent).

2. Check the usps post office website. You can track the certified mailing number if you got it. I and many of my neighbors have been never received the "certified" mailings from our landlord. It is easy to track certified mailings these days. Just use the track and confirm window at usps.com, plug in the certified numbers and it will show when it was mailed and when it was received. If there is no information it might be an anomaly however if all the certified mailings have no information its suspicious.
good luck.

[Anna]

Romea does NOT turn a 3 or 5-day notice into a 30-day notice.

And OP: those 3 or 5 days are calendar days, not business days. If LL alleges tenant served on the 10th, payment is due on the 13th or 15th, answer to petition is due on the 15th, unless tha due date itself falls on a Sat/Sun/Holiday: then it is extended to the very next day.

[ilostmytruelove]

Originally posted by Anna:
Romea does NOT turn a 3 or 5-day notice into a 30-day notice.

And OP: those 3 or 5 days are calendar days, not business days. If LL alleges tenant served on the 10th, payment is due on the 13th or 15th, answer to petition is due on the 15th, unless tha due date itself falls on a Sat/Sun/Holiday: then it is extended to the very next day.

Originally posted by Anna:
Romea does NOT turn a 3 or 5-day notice into a 30-day notice.

And OP: those 3 or 5 days are calendar days, not business days. If LL alleges tenant served on the 10th, payment is due on the 13th or 15th, answer to petition is due on the 15th, unless tha due date itself falls on a Sat/Sun/Holiday: then it is extended to the very next day.

the initial communication was the debt collection letter. then i received a 5 day notice 2 days later (i have both envelopes). i never received the certified mail nor the personal one they said that they put on my door for both the 5 day and petition.

I can see not receiving 1 certified mail, but 2 certified mails not being received?

plus i'm in a class action against these same lawyers from last year along with 4,809 other tenants. This isn't the first time they've done this and they made a proposed settlement.

romea was not overturned but by receiving the debt letter first, then that becomes a 30 day debt.

as for the certified mail, i never received not even a notice for either the 5 day or the notice of petition. although they showed me the receipts, i know they are lying on this one.

also, i received in the mail only and sundays don't count when you count the days, this I asked the attorney. the 11th was a federal holiday but holidays do count. but even counting the days, if the 10th they said i was served then the 10th doesn't count as it was at night time that they did the attempt, so then 11, 12, 13, 15, 16 as the 14th was a sunday and sundays don't count. plus they have to make at least 2 attempts before doing the nail and mail which they didn't.

the notice of petition was supposedly served on me on the 24th although I never received it until the mail on the 26th. This was a holiday weekend and both the Managing agent plus the lawyers offices were closed thur, fri, sat and sunday.

plus their 1 letter to me regarding rent arrears Gave me 5 business days, not calendar days and it specifies 5 business days.

the notice of petition was affirmed on 11/16. giving me only 4 days to pay the rent, and, how do they know that I didn't mail the rent. the 5 day doesnt say i have to bring it in personally. so how could they affirm on the 16th that i didnt comply (however, just a note to say that in court, they told the Judge, that they would be subtracting the back rent from the sale at closing but they need a judgment to do so.)

My whole point was why didn't they just tell me that they couldn't minus the back rent from June instead of just sending me tons of letters about 80% carpeting. it wasn't until I received that debt collection letter on the 8th that they said I had to pay the rent. on the 10th they said they served me, but the debt collection letter came first as the initial communication.

I understand that I owe back maintenance. however, they led me to believe since June that this money would be taken off the sale at closing. If I'd have known that they weren't going to do this, I'd have paid all along. Plus all their letters to me during all these months have been about 80% carpeting that I'm not complying with.

then they offer me a feb 10 offer of 1850 settlement and then serve me with a motion for eviction and to dismiss the traverse and trial on march 8th.

they aren't answering my calls or my closing attorney's calls. and now are asking for almost 3000 legal fees.

I was ready to settle with them for 1850 just to get out of there and get a closing date for 2 weeks as they promised me but now, even my closing attorney told me they are after my blood for some reason.

and i have to fight this motion now because the fees went from 1850 to 2940 and I have to figure out how to write an opposition to their motion because they reneged on their deal with me and my attorney for the 2/10 deadline to accept their 1850 deal. With that deal, the matter would be over and we could close the sale. This was on the advice of Sokolski which I agreed to. but the landlord's attys are ignoring myself and my closing atty regarding this since they served the motion.

the motion is dated 2/4 and 2/3 affirmed by the managing agent that I didnt' hand in the 350 the judge marked on the case folder that I needed to pay this in order to get a traverse hearing. i didnt have the 350 and they knew this however, the judge is denying my rights because he's saying if i don't pay i can't get a traverse and this is wrong but then again a judge can do whatever he wants. paying money upfront shouldn't be a prerequisite to get a fair trial.

anyways, now i'm fighting because my closing atty told me it wasn't right and he can't understand why they are doing this. If they don't want to settle, that's fine, i'll let the court decide on the legal fees but it has to go to trial for this to happen and their motion is squashing the traverse and trial.

they think since I can't afford an atty that i'm going to lose but I'm fighting for traverse on this one even though I was advised not to and just go to trial on the issue that they had every intention of subtracting the back rent which they admitted in court. winning on that issue will knock out most of their legal fees, if not all of it. however, by winning on traverse, it'll knock out all legal fees as i'll just bring the rent check to court and hand it to them after traverse.

but now they want to deny my rights and i cant let them do this with their lies about settling the case by the 10th if i wanted to.

the attys tell me and my closing atty 1 thing but then go ahead and do a motion for final judgment for not only 2940 in legal fees but for my co-op!
i need to serve and file my motion by friday for tuesday's motion hearing. i'm requesting oral argument most definitely.

now if i could only find someone to help me write it or give me a format to follow.

[ilostmytruelove]

I couldn't finish typing up my opposition papers cuz i'm on my own.

but, I found out that papers can't be served on a Sunday.

so, on the motion date of 2/15, can I do an oral motion to dismiss based upon service was done on a sunday (i have the overnight delivery envelope that shows it was delivered on Sunday 2/6)

plus motions have to be served at least 8 days before and if papers are served via overnight mail, 1 business day has to be added so based on that, 2/8,9,10,11,12,13,14 is only 7 days before because the 7th doesnt count since thats the next business day added.

so my question is can I do an oral motion?

thanks

[Anna]

Their motion was NOT served on Sunday, the day you received it: it was served on the day they sent it.

You can serve your opposition today or on Sat or Monday 2/14.

[ilostmytruelove]

Originally posted by Anna:
Their motion was NOT served on Sunday, the day you received it: it was served on the day they sent it.

You can serve your opposition today or on Sat or Monday 2/14.

ah now i get it with the counting of the days. thanks.

ok. now back to typing my reply now.