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Holdover - Pre-ans Motion to Dismiss w/Prejudice Sanctions

NYC Housing Court Practice/Procedures

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Holdover - Pre-ans Motion to Dismiss w/Prejudice Sanctions

Postby Clopin333 » Wed Nov 17, 2010 11:26 pm

Hi everyone

I am currently in the midst of a VERY complicated res non-reg holdover case. The first court date was last Tuesday, and at that time, the judge ordered me to pay U&O by Nov 19th, without first allowing me to seek counsel or asset a defense. The judge refused to leven et me speak and state why the landlord is NOT entitled to U&O right now. However I have identified MANY errors LL's case...

I have many questions, but the most important and timely is this:

Can anyone point me to resources to show me how to properly write, file, and serve a "Pre-Answer Motion to Dismiss with Prejudice"?

I am doing this Pro Se at the moment, if I can. My defenses for dismissal are failure to state cause of action, personal jurisdiction, basically several point from CPLR 3211.

Also, is it best to raise EVERY defense in the pre-answer motion and really sock it to them right off the bat?

I also plan to ask for dismissal with prejudice, as I feel I can prove that landlord brought this proceeding frivolously and maliciously. Any advice on this?

After I file this with the court, what should I expect to happen at that point? What's a general time frame as to how long it would take the court to decide? From what I understand, this basically ties the court's hand until this issue is settled...??

I have many many other questions, but I'll start here....

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Postby ronin » Mon Nov 22, 2010 1:31 am

The more complicated and valid your legal argument are, the more the hostile and corrupt judges of the housing court will bend over backwards to screw you.

The main reason judges are hostile to a first request to find counsel is because you presented yourself as someone intelligent and able to read. Your mention of the CPLR 3211 motion is a prime example- just that you've heard of such a thing is enough to set one of these crooked judges on edge.

You really should have gotten a free adjournment without U&O on your first visit. You should give the name of the judge who did this.

As for your 3211 motion, yes it kind of exists in Housing Court. But you need to read the RPAPL to see how it works here. RPAPL= Real Property Actions and Proceedings Law. These are special summary proceedings so look to the right procedural law.
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