Case Type

HP

Housing Type

Other

Court

Civil Court of the City of New York

County

Queens County (Queens)

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

LT-302423-20/QU

Slip Opinion Number

2026 NY Slip Op 50950(U)

Petitioner

DEPT OF HOUS. PRESERV. & DEV. OF THE CITY OF N.Y.

Respondent

SILVERSHORE PROPERTIES 95 LLC, SILVERSHORE CYPRESS LLC, ALEX KOHN, DAVID SHORENSTEIN

Judge

Kitson, Vijay M.

Decision/Order Date

2026-06-09

Posture

Post-judgment Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this HP proceeding brought by HPD for repairs, penalties, and harassment, the court issues a lengthy decision involving a consent order signed by landlords' attorney (Ben Epstein), by which landlords agreed to pay $37,500 in civil penalties, with a provision allowing entry of a $375,000 judgment upon default. After landlords defaulted and judgment was entered, two named respondents moved to vacate the consent order claiming their attorney lacked authority. The court denies the motion, finding the attorney had apparent if not actual authority, and permits service upon the business address filed with HPD pursuant to CCA § 110(m). The court also denies motions to quash post-judgment subpoenas and for sanctions.

Keywords

HP Proceeding Brought By HPD; Landlord's Motion To Vacate Stipulation Is Denied; Landlord's Attorney Had Apparent Even If Not Actual Authority To Enter Into Binding Stipulation; Service Permitted Upon Business Address Filed With HPD In HP Proceeding Pursuant To CCA § 110(m); Motion To Quash Post-Judgment Subpoenas Denied; Motion For Sanctions Denied

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