Case Type

HP

Housing Type

Co-op

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

HP 6116/19

Slip Opinion Number

2025 NY Slip Op 51449(U)

Petitioner

Marco Werner Meier, Myka Meier

Respondent

451 West Owners Ltd., Carole Ferrara Associates Inc. A/K/A CFA Management Inc., Carole Ferrara, DHPD

Judge

Ortiz, Frances A.

Decision/Order Date

2025-09-10

Posture

Post-judgment Motion by Landlord

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In an HP proceeding, a landlord was held in civil contempt for failing to correct violations, leading to a $240,560 money judgment for civil penalties. The landlord moved to vacate the judgment and HPD's restraining notice. The court denied the motion to vacate the judgment, affirming its validity and rejecting arguments for its modification. However, the court did vacate the restraining notice, finding it **defective** for non-compliance with the notice requirements of **CPLR 5222**, but did so without prejudice. The ruling allows HPD to re-serve a proper notice to enforce the a valid judgment.

Keywords

HP Proceeding; Civil Contempt; Money Judgment; Collecting on a Money Judgment Pursuant to CPLR 5222; Defective Restraining Notice

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