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Case Notes
Landlord's Oral Request for Use and Occupancy in Commercial Non-Payment Proceeding Denied
151 Realty LLC v. Alava, Civil Court, Bronx Co., Case No. 901015/19 (Oct. 7, 2019, Soto, J.)
A landlord commenced a commercial non-payment proceeding against its tenant for unpaid rent on July 25, 2019. The tenant filed an answer on Sept. 20, 2019. The tenant alleged a "lack of personal jurisdiction defense." The case was scheduled to be heard for the first time, on Oct. 1, 2019. The landlord and the tenant appeared. The tenant requested an adjournment to Nov. 4, 2019 for the purpose of hiring an attorney. The landlord consented only to an adjournment to Oct. 21, 2019, 20 days later. The court granted the tenant's request and adjourned the case for a traverse hearing to Nov. 4, 2019, over the landlord's objection. Based on the adjournment, the landlord made an oral motion to the court requesting U&O pursuant to Real Property Actions and Proceeding Law (RPAPL). It requested U&O from the date of the petition. The court denied the landlord's motion.
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