Opinion
Motion No: M-7809
10-31-2019
William T. West, et al., Plaintiffs-Respondents, v. B.C.R.E. - 90 West Street, LLC, Defendant-Appellant.
Defendant having moved for an order: (a) permitting it to a appeal as of right from the order of the Supreme Court, New York County, entered on or about September 26, 2019, which declined to sign an order to show cause seeking, inter alia, to establish the methodology for calculating plaintiffs' legal rent and overcharge if any, or, in the alternative, granting leave to reargue/renew the order of the same court, entered on or about July 19, 2017, which found that the plaintiffs' apartments were subject to rent stabilization and that the legal regulated rent should be calculated by a "default" formula; and (b) pursuant to CPLR 5518 and/or 5519(c) staying enforcement of the aforementioned order entered July 19, 2017; or, in the alternative, (c) pursuant to CPLR 5701(c) granting defendant leave to appeal from the aforementioned order entered on or about September 26, 2019; or, in the alternative,(d) pursuant to CPLR 5704(a) granting defendant's request that the aforementioned order to show cause be signed by this Court and made returnable before the Hon. Robert J. Reed, so that defendant's application for a reconsideration of the rent methodology and/or a stay of the action may be heard on the merits; or, in the alternative, (e) directing defendant to move by notice of motion for the relief sought in the aforesaid order to show cause; and (f) pursuant to CPLR 5518 and/or 5519(c) granting a stay of the underlying action pending a determination by the Court of Appeals of appeals scheduled for its January 2020 term, regarding applicability of the Housing Stability and Tenant Protection Act of 2019 and methodology for calculations of legal regulated rents, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of making the underlying order to show cause (Exhibit A to the moving papers) returnable in the Supreme Court, New York County, before the Hon. Robert J. Reed, on November 14, 2019, at 10:00 a.m. or as soon after as counsel may be heard, for a determination on the merits, and it is further Ordered that the referral of this action to a Special Referee for a hearing to determine the legal regulated rents and overcharges is stayed pending the hearing and determination by Supreme Court of defendant's motion brought by the aforesaid order to show cause.Defendant shall serve a copy of this order on the Ex Parte Office of the Supreme Court, New York County.
ENTERED: October 31, 2019
__________ CLERK
PRESENT: Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton,Justices
M-7809
Index No. 157031/15