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Questions About Having a Judgement Vacated - Please Help

NYC Housing Court Practice/Procedures

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Questions About Having a Judgement Vacated - Please Help

Postby luckyredpr » Sun Mar 07, 2010 3:12 pm

I have a court date in one week, having filed an Affidavid in Support of an Order to Show Cause to Vacate a jedgement Based Upon Failure to Answer, to Permit the Filing of a Late answer and To Place the Case on the Calendar.

My OSE was initially denied. I refiled the same day and have another court date. I requested a traverse hearing on service and a rearing on my excusable default and meritorious defense.

There is a six day Notice of Eviction in place.

My defense on the OSE:

Improper or failed service. (I did not receive service from the LL or a court date and, so, did not attend court the day the case was heard. The LL has a signed statement that the server taped the notice to my door and that it was sent by certified mail. The LL has not produced the receipt for the mailing.)

Breach of Warrant of Habiltability - Bed Bug infestation, non-working refrigerator and stove. (The LL was very lax in treating the Bed Bug problem and did not notify tenants of the problem. My infestation escalated after the apartments above, below and next door to me were treated on the same day without my apartment being treated. The problem was chronic in my apartment for more than three months. Over six weeks of this period, during the summer, my refrigerator and stove did not work.)

Overchage (The LL has claimed they are owed more money than they are owed.)

My Questions:

1) What information do I need to present in court? The first time I appeared, my defense was the same as above and it was denied. The judge refused to review my calculations regarding overcharges and said that the bed bug situation and the broken appliances were not a meritorious defense.

2) Do I need to appear in court with the amount listed in the judgement against me or the amount the LL says I now owe? The LL is not willing to stipulate to a payment plan. The amount listed in the judgement is the lesser amount.

All I am seeking is a court date so that I can present my side of the argument and get a judgement.

Thank you for any adice or suggestions you may be able to give.
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Location: New York

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