Opinion
Motion No: 2015-01367 KC
04-21-2016
Delman, LLC, Respondent, v. Hamza Sehat Ozcan, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015. The order denied appellant's motion, in effect, to stay the execution of the warrant in a nonpayment summary proceeding. Appellant has submitted undisputed proof that a new lease was executed effective June 1, 2015.
On the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why the order of the Civil Court entered June 5, 2015 should or should not be summarily reversed on the ground that, by executing the new lease, respondent vitiated the warrant and waived the right to evict appellant based on a default under the prior lease (see Matter of Stepping Stones Assoc. v Seymour, 48 AD3d 581 [2008]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 12, 2016; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on appellant and on respondent's attorney by regular mail.
ENTER:
Paul Kenny
Chief Clerk