Opinion
Motion No: 570316/15
11-14-2017
Southbridge Towers Inc. v. Crisafulli, P. & Radjenovic, K.
It is Ordered that the motion by respondent-appellant Crisafulli is granted only to the extent of staying execution of the warrant of eviction until January 16, 2018. This is to afford appellant an opportunity to move in Civil Court to vacate the underlying final judgment on the ground that appellant's (now-disbarred) former attorney was suffering from a mental illness that adversely affected his ability to function and may have caused the various defaults in this proceeding (see 219 E. 7th St. Hous. Dev. Fund Corp. v 324 E. 8th St. Hous. Dev. Fund Corp., 40 AD3d 293 [2007]; Weitzenberg v Nassau County Dept. of Recreation & Parks, 29 AD3d 683, 684 685 [2006]). Former-counsel's illness was brought to our attention in a prior appeal (see CRJ Realty Corp. v Espinal, 45 Misc 3d 74 [App Term, 1st Dept 2014]), and prior motion practice in this case (see Southbridge Towers, Inc v Crisafulli, 2016 NY Slip Op 64741[U] [App Term, 1st Dept 2016]).
By: