Case Type

Holdover

Holdover Type

Nuisance

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 61411/16

Petitioner

COOLIDGE RIVERSIDE LLC.

Respondent

KARIN NOTBOM and WILLIAM HEALEY, “JOHN DOE” and “JANE DOE”

Judge

Katz, Anne

Decision/Order Date

2020-11-10

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Tenant Substantially Won

Synopsis

Tenants, 83 and 71 years of age, had lived in the apartment for 53 and 37 years, respectively. Landlord filed a nuisance petition for the tenant's use of cigarettes in their apartment, which smoke allegedly pervaded the buidling. Parties settled with an agreement that tenants would take steps to prevent the smoke emnanting from their apartment. When they allegedly breached, landlord re-initiated proceedings and this time they settled with warrant issued and execution stayed as long as tenants ceased smoking in their apartment. Shortly before the pandemic, tenants allegedly breached. Here, tenants moved to stay the trial until the end of the COVID-19 pandemic due to their pre-existing conditions and to stay a virtual trial due to their unfamiliarity with technology. The court granted the stay.

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