Civil Court of the City of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
L & T 96735/18
Slip Opinion Number
2021 NY Slip Op 50797(U) [72 Misc 3d 1218(A)]
2114 Realty LLC
Estate of Rosa Sanabria, Jaime Lopez, as Next of Kin
J. Slade grants landlord’s motion for use and occupancy pendente lite from the date oral application was made in this 2018 non payment proceeding. Here a succession claim was asserted. The court noted this is a pre-HSTPA case but given unique history (lengthy APS delays, landlord’s motion for discovery) and sets use and occupancy at one third of respondent’s social security check amount. Ed Josephson sent an e mail about this case’s significance when it was sent last week in the Slip Op format and provided a practice advisory regarding it as the court here indicates it has discretion outside of RPAPL 745(2) to fashion its own use and occupancy order using its own sense of fairness.
"2114 Realty LLC v. Estate of Sanabria" (2021). All Decisions. 311.