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TRAVERSE AND TRIAL - non-payment case

NYC Housing Court Practice/Procedures

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TRAVERSE AND TRIAL - non-payment case

Postby green_eyes » Mon Mar 30, 2009 1:31 pm

Hi All,

I have a non-payment case due to numerous violations in my apartment and building. Today was the first appearance. I came to court, registered. Later came landlord's lawyer, took me out of the court room and tried to enter into stipulation agreement - give landlord 2 days to correct violations. I said I can only give 1 day. So the lawyer scribled something into the agreement, we agreed to April 28 trial. I took the paper back to the court. There was a judges assistant, so I gave her the stipulation agreement and she asked me - "Did you agree for 2 days??" I said - "No, only 1 day". Then she showed me that lawyer wrote in very small numbers that I agreed to 2 days... Moreover, she discovered that I wasn't served any papers prior to this date, only postcard came in the mail. So she went back to the lawyer and said "

Dear so and so, you know as well as I do that this is a TRAVERSE case and tenant only agrred to give landlord a 1 day". Lawyer looked at me angrily and fixed on the agreement "1 day" however, he refused to agree to TRAVERSE.
So I went in front of the judge and here is what she wrote:
"The court notes that respondent claims that she was not properly served - this allegation is set forth in her answer. Therefore case is adjourned for traverse and trial".

I am not sure what exactly this means - any idea? Does that mean that on April 28 laywer will have to prove that is was served properly? And if he fails to prove it the case will be dismissed?
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Postby TenantNet » Mon Mar 30, 2009 2:34 pm

What do you mean 1 day or 2 days? Explain what that means. Do you mean you would allow the LL to take 2 days to make the needed repairs?
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Postby green_eyes » Mon Mar 30, 2009 2:54 pm

What do you mean 1 day or 2 days? Explain what that means. Do you mean you would allow the LL to take 2 days to make the needed repairs?


Correct. I will only allow LL 1 day to make repairs.
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Postby TenantNet » Mon Mar 30, 2009 2:59 pm

Why put yourself through the pain of a trial, a traverse and the possibility you might lose if the LL is willing to make repairs? Some repairs do require more than one day to correct. What's really going on here?
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Postby green_eyes » Mon Mar 30, 2009 3:04 pm

TenantNet wrote:Why put yourself through the pain of a trial, a traverse and the possibility you might lose if the LL is willing to make repairs? Some repairs do require more than one day to correct. What's really going on here?

I contacted LL 1 year ago asking for repairs, he was non -responsive to all my calls, letters etc. So I had to call HPD and they, in turn, issued over 10 emergency violations. LL ignored those as well, and then HPD fixed half of those themselves, so make apartment habitable.

Why should I give LL more time, when he had over a year to respond?
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Postby TenantNet » Mon Mar 30, 2009 3:13 pm

Because you could be screwed by the judge. I agree, no excuse for the LL's actions. But Housing Court judges have a way of just loving those lying landlords. I would suggest giving in on this point simply because judges in HC don't like tenants (especially one that don't have lawyers). Are you asking for an abatement? that you should demand.

And BTW, if you're going to use the quote function on the board, don't disable the BBCode. I fixed your last two posts.
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Postby green_eyes » Mon Mar 30, 2009 3:21 pm

Thank you - I spoke with a real estate lawyer and he is willing to take my case for 1000.00 flat fee until the case is closed. I dnn't yet know if I will
I will ask for 100% abatement.

The Judge today was the most wonderful Judge I've ever seen. She knows LL lawyer very well, I guess he is there allt he time... She agreed to Traverse and Tiral case.

I was not served with papers, I only found out from the postcard I received from Court.

My LL is notorious non-responder to any complains or violations. There are numerous complaints and violations on HPD website, not only form my apartment but from other tenants in the building. I paid on the dot my rent until I got fed up with the shameless attitude toward me and other tenants.
Just to giv eyou an example - elevator was not working for 2 weeks, and I live on the last floor with my son, then finelly "fixed", however I was constantly getting stuck ! Last time my son and his nanny had to be rescued by other tenants when they got stuck between the floors....
Anyway, I have everything documented and photographed. My only concern is that HPD ( not landlord) fixed the most urgent violations... Can I still bring abatement claim?
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Postby TenantNet » Mon Mar 30, 2009 3:36 pm

Real Estate lawyer is not necessarily a tenant lawyer. If he/she claims he/she will be on top of a case -- through a trial and more -- for only $1,000, then I would be careful. Seriously, you get what you pay for.

Maybe the judge was in a good mood today. I wouldn't bank on it tomorrow. Nor would I expect 100% abatement unless the unit was 100% unlivable.

Yes, the LL gave you sewer service (didn't serve you). Yes, he's a dick. Elevator only down for two weeks? Mine was down six months. Whatever you can say, it's relative. I'm not diminishing your issues, but I've heard worse.

If the abatement counterclaim was not in your answer, you can ask to amend your answer.

But be careful. Get the ounce of blood and put it behind you.
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Postby green_eyes » Mon Mar 30, 2009 4:23 pm

1000.00 seems reasonable, considering that they make on average 200 an hour. My case should not take more than 5 hours of his time, considering that traverse will likely to be dismissed on April 28th.

How can I check if lawyer is any good? He was referred to me by another lawyer, who specializes on commercial real estate law.

Any tips on what I should look for in a lawyer? I am going to see him tomorrow.
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Postby TenantNet » Mon Mar 30, 2009 5:04 pm

You get what you pay for, and most tenant attorneys charge well over $200/hour (unless it's a kid right out of law school with little experience). Commercial real estate is nothing like L&T.

I'm not defending high charges, but telling you the reality. And I don't know any that will do a job "until it's done" for a defined price. Some might do a defined task, like make a phone call or write a letter for a defined price, but normally it's a retainer and hourly charge.

Why would you want the traverse dismissed? You're the one bringing it.

And you could get lucky. I hope you do. Perhaps the traverse and trial will last only 30 minutes. But I think that's expecting too much.
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