Opinion
Motion No: M-2055
05-23-2019
Juan Gil and Jennifer Bonesteel, Petitioners, v. New York City Department of Housing Preservation and Development and Manhattan Plaza, L.P., Respondents.
An Article 78 proceeding to review a determination of respondent New York City Department of Housing Preservation and Development having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about August 17, 2018, And an order of the Supreme Court, New York County, having been entered on or about September 15, 2018, granting leave to add the landlord, Manhattan Plaza, L.P., as a respondent, and staying the holdover proceeding Manhattan Plaza commenced against petitioners in the Civil Court, Housing Part, New York County (Index # 56847/18), pending the hearing and determination of the Article 78 proceeding, And respondent Manhattan Plaza having moved to vacate the aforementioned stay, or in the alternative, to require petitioner to make past due and ongoing payments for use and occupancy of the subject premises, as a condition of the stay, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to vacate the stay of the summary holdover proceeding is denied. Petitioners are directed to pay the outstanding use and occupancy due to respondent Manhattan Plaza, in the amount of $41,986.00, within 30 days of the date of this order, and to pay use and occupancy in the amount of $2,092 per month, during the pendency of the Article 78 proceeding. Petitioners are directed to serve a supplemental summons and amended petition on respondents within 30 days of this order. Respondents shall serve their answers to the amended petition within 30 days of their receipt of the supplemental summons and amended petition.
ENTERED: May 23, 2019
_____________________ CLERK
PRESENT: Hon. Judith J. Gische, Justice Presiding, Peter Tom Troy K. Webber Ellen Gesmer,Justices
M-2055
Index No. 100419/18